What does it take to win breach-of-contract claim? Essential elements of cause of action for breach of a contract
To prevail on a claim for breach of contract, the plaintiff must establish the following elements: (1) the existence of a valid contract; (2) performance or tendered performance by the plaintiff; (3) breach of the contract by the defendant; and (4) damages sustained by the plaintiff as a result of the breach. Wright v. Christian & Smith, 950 S.W.2d 411, 412 (Tex. App.—Houston [1st Dist.] 1997, no writ).
SOURCE: Houston Curt of Appeals 01-10-00649-CV 5/5/11