Legal Blog ("Blawg") on Causes of Action and Affirmative Defenses in Texas -- with Caselaw Snippets from Appellate Opinions, and Occasional Commentary on Decisions
Monday, September 21, 2009
What is required to win a breach of contract case?
PROVING AND COLLECTING DAMAGES FOR BREACH OF CONTRACT
To prevail on his breach of contract claim, [Plaintiff] was required to prove: (1) the existence of a valid contract; (2) performance or tendered performance by [Plaintiff]; (3) breach of contract by the [Defendants]; and (4) damages sustained as a result of the breach. Paragon General Contractors, Inc. v. Larco Const., Inc., 227 S.W.3d 876, 882 (Tex.App.–Dallas 2007, no pet.); Valero Marketing & Supply Co. v. Kalama Int’l, 51 S.W.3d 345, 351 (Tex.App.–Houston [14th Dist.] 2006, pet. denied). Conner’s response does not point to evidence of any of these elements.
SOURCE: 07-08-0213-CV (9/11/09)
Labels:
breach-of-contract
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