law-excuse defense | legal excuse | prior breach by other party |
EXCUSE DEFENSE TO CONTRACT CLAIM
When one party prevents another from timely performing its contractual obligations, the failure to
timely perform is excused. See Anderson Dev. Corp. v. Coastal States Crude Gathering Co., 543
S.W.2d 402, 406 (Tex. Civ. App.-Houston [14th Dist.] 1976, writ ref'd n.r.e.); see also Dorsett v.
Cross, 106 S.W.3d 213, 217 (Tex. App.-Houston [1st Dist.] 2003, no pet.) ("Prevention of
performance by one party excuses performance by the other party.").
It is a fundamental principle of contract law that when one party to a contract commits a material
breach of that 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).
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
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