The Austin Court of Appeals recently held that a plaintiff’s notice of non-suit precludes a defendant from recovering attorney’s fees as prevailing party under a written agreement. In this case, the plaintiffs bought a house from defendants under a standard-form sales contract promulgated by the Texas Real Estate Commission. Plaintiffs brought suit against defendants for failing to disclose
Spin Doctor: The Continuing Contract Doctrine?
Ever heard of the continuing contract doctrine? It’s the sister of the continuing tort doctrine. Both operate as an exception to the statute of limitations that allows a claimant to recover for contract breaches that occur after the accrual date.
But can the continuing contract doctrine apply to contracts other than an installment contract?
This issue was before
Lack of Consideration ≠ Failure of Consideration
In an otherwise lengthy opinion, the Fort Worth Court of Appeals provided a reminder to civil practitioners regarding the difference between failure of consideration and lack of consideration. The Court noted:
[L]ack of consideration refers to a contract that lacks mutuality of obligation. Failure of consideration, however, occurs when, due to a supervening cause after