law-construction-of-lease | contract construction | lease law cases |
We construe a lease under the well-established rules of contract construction. See Luccia v. Ross, 274 S.W.3d
140, 146 (Tex. App.—Houston [1st Dist.] 2008, pet. denied). In construing a written contract, the primary
concern is to ascertain and to give effect to the parties’ intentions as expressed in the document. Frost Nat’l
Bank v. L&F Distribs., Ltd., 165 S.W.3d 310, 311–12 (Tex. 2005). We consider the entire writing and attempt to
harmonize and to give effect to all of the provisions of the contract by analyzing the provisions with reference to
the whole agreement. Id. at 312. No single provision is given controlling effect. J.M. Davidson, Inc. v. Webster,
128 S.W.3d 223, 229 (Tex. 2003). “In harmonizing these provisions, terms stated earlier in an agreement must
be favored over subsequent terms.” Coker v. Coker, 650 S.W.2d 391, 393 (Tex. 1983). We construe contracts
“from a utilitarian standpoint bearing in mind the particular business activity sought to be served” and “will
avoid when possible and proper a construction which is unreasonable, inequitable, and oppressive.” Frost Nat’l
Bank, 165 S.W.3d at 312 (quoting Reilly v. Rangers Mgmt., Inc., 727 S.W.2d 527, 530 (Tex. 1987)). If, after the
pertinent rules of construction are applied, the contract can be given a definite or certain legal meaning, it is
unambiguous, and we construe it as a matter of law. Id.
Potter v. Clear Channel Outdoor, Inc. (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Taft)
(billboard lease, billboard lease, construction of lease, contract interpretation, quantum meruit, declaratory
judgment, UDJA, attorney's fees)
AFFIRM TRIAL COURT JUDGMENT IN PART, REVERSE TRIAL COURT JUDGMENT IN PART, AND
REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Taft
Before Chief Justice Radack, Justices Taft and Sharp
01-07-00578-CV Larry E. Potter v. Clear Channel Outdoor, Inc.
Appeal from 333rd District Court of Harris County
Trial Court Judge: Hon. Joseph Halbach