law-excuse-affirmative-as-defense-to-breach-of-contract-claim

EXCUSE DEFENSE TO BREACH OF CONTRACT CLAIM

Boss Hoss Cycles of Houston, LLC v. Wells Fargo Bank, NA (pdf) (Tex.App.- Houston [14th Dist.] Jan. 26, 2010)
(Brown) (dealer agreement contract dispute over assignment of
retail installment contracts, failure to furnish
evidence of perfection of security interest,
breach of agreement not excused)
AFFIRMED IN PART DISMISSED IN PART: Opinion by
Justice Brown        
14-08-00648-CV  Boss Hoss Cycles of Houston, LLC and David Cesshier v. Wells Fargo Bank, N.A.   Appeal
from County Civil Court at Law No 1 of Harris County
Trial Court Judge:
R. Jack Cagle    
there is legally sufficient evidence to support the jury’s conclusion that Boss Hoss did not comply with either the
Dealer Agreement or the Guarantee Letter....It is undisputed that Boss Hoss failed to provide any evidence of a
perfected security interest in the motorcycle to Wells Fargo. Further, instead of providing the MSO to Wells
Fargo so that it could perfect its own security interest, Boss Hoss sent the MSO to Elic, who failed to title the
motorcycle. We thus conclude that there is legally sufficient evidence to support the jury’s finding that Boss Hoss’
s failure to comply with its agreement(s) with Wells Fargo was not excused.


B&W Supply, Inc. v. Beckman (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Keyes)
(
JNOV, breach of contract, excuse defense, lost profit damages, DTPA counterclaim)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by
Justice Keyes  
Before Justices Jennings, Keyes and Higley
01-07-00574-CV B & W Supply, Inc. and Weston Wyatt v. Lawrence and Diane Beckman
Appeal from 215th District Court of Harris County
Trial Court
Judge: Hon. Levi J. Benton  


BACM-2001 San Felipe Road  LP v. Trafalgar Holdings I Ltd 218 S.W.3d 137 (Tex.App.- Houston [14th Dist.]
Jan. 11, 2007)(Opinion by Justice Guzman) (commercial loan,
modification of contract, repayment agreement,
breach of contract, statute of fraud
s)
When a party materially breaches a contract, the other party is discharged or excused from further performance.
Mustang Pipeline Co., Inc. v. Driver Pipeline Co., Inc., 134 S.W.3d 195, 196 (Tex.2004). Moreover, it is well
established that upon the failure of a debtor to perform under an executory accord, the creditor may treat the
accord as repudiated and may choose to claim rights under the
original cause of action or the accord. See
Alexander, 136 Tex. at 115-17, 146 S.W.2d at 742-43.
REVERSED AND RENDERED: Opinion by
Justice Guzman
(Before Justices Anderson, Hudson and Guzman)
14-05-00476-CV     BACM-2001 San Felipe Road Limited Partnership Et Al v. Trafalgar Holdings I Ltd Et Al--
Appeal from 133rd District Court of Harris County (
Judge Lamar McCorkle)    


TEXAS CAUSES OF ACTION ELEMENTS | HOUSTON CASE LAW | HOUSTON COURTS OF APPEALS |
TEXAS COURT OF APPEALS OPINIONS
HOUSTON OPINIONS HOME PAGE