| Parol Evidence Rule Law |
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Vern Cannon v. MBCI, a division of NCI Group, Inc.
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Appellant, Vern Cannon, appeals the trial court’s judgment entered in favor of appellee, MBCI, A Division of NCI Group, Inc., on its claim that he breached a personal guarantee agreement. We affirm.
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I. BACKGROUND
MBCI manufactures products for constructing metal buildings for commercial, industrial, agricultural, and residential uses. Vern Cannon owns Cannon Storage ... More... $0 (05-02-2013 - TX)
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IN THE MATTER OF THE MARRIAGE OF ELIZABETH JANE BRENT AND ROBERT PRICE BRENT, IV AND IN THE INTEREST OF P.B., A CHILD
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In this appeal arising from their suit for divorce, appellant Robert Price Brent IV (husband) complains of an award on a promissory note in favor of appellee, Elizabeth Jane Brent (wife). By cross-appeal, wife challenges the amount of prejudgment interest awarded in her favor on the note. We will affirm the judgment of the trial court.
Background
In the divorce proceeding, wife sough... More... $0 (02-21-2013 - TX)
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Gary B. Cron v. Shawnita Zimmer
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2 Plaintiffs appeal from a general judgment dismissing their interference with
3 economic relations, conversion, and unjust enrichment claims. Plaintiffs assign error to
4 the trial court's grant of defendant's motion for summary judgment. Because we conclude
5 that plaintiffs demonstrated sufficient evidence for a trial on their interference with
6 economic relations, conversion, ... More... $0 (02-06-2013 - OR)
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2001 Trinity Fund, LLC v. Carrizo Oil & Gas, Inc.
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Two oil and gas companies, an operator and a non-operator, signed an agreement setting forth the terms and conditions of the non-operator’s participation in certain wells being drilled or to be drilled on some of the operator’s Barnett Shale drilling prospects. After that agreement terminated automatically, the two companies exchanged a series of emails. The jury found that the companies agree... More... $0 (12-28-2012 - OK)
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Christine Kay Hanks v. Christopher P. Edwards
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Christine Kay Hanks, Marcella Kay Barone, Nancy Rebecca Humphries, Teresa Ann McCurdy and Ronald Langham sued Christopher P. Edwards and Procidence Home Care, LLC on breach of contract theories claiming:
1. Christine Kay Hanks is an individual whose residence is in Oklahoma County, State of Oklahoma (hereafter, referred to as “Plaintiff, Hanks”). Plaintiff, Hanks, at all times pertin... More... $0 (12-07-2012 - OK)
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William C. Jarvis v. K&E Re One, LLC
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William C. Jarvis and Cindy Jarvis appeal (I) the trial court’s judgment granting K&E Re One, LLC (K&E) declaratory and injunctive relief and awarding K&E attorney’s fees, and (2) the trial court’s grant of summary judgment in favor of Stewart Title Company (Stewart Title) and Bayview Loan Servicing (Bayview). In four points of error, the Jarvises contend the trial court erred by (I) denying... More... $0 (12-02-2012 - TX)
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Randall Scott Waldman v. Ronald B. Stone
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Ron Stone, a Chapter 11 debtor-in-possession, brought this adversarial proceeding in bankruptcy court against his principal creditor, Randall Waldman. After a trial, the bankruptcy court found that Waldman had obtained nearly all of Stone’s business assets by means of fraud. As relief, the court discharged the debts that Stone owed to Waldman, and awarded Stone more than $3 million in compensato... More... $0 (10-26-2012 - KY)
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Matt Miller Company, Inc. v. Taylor-Martin Holdings, LLC
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Matt Miller Company, Inc. ("Contractor") appeals a judgment awarding net damages in the amount of $228,138.72 to Taylor-Martin Holdings, LLC ("Owner") after a bench trial. The lawsuit arose out of a construction contract (the "Agreement") to renovate a historic commercial building in Springfield. Contractor presents ten points that challenge the evidence supporting its breach of the Agreement, the... More... $0 (10-25-2012 - MO)
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2001 Trinity Fund, LLC v. Carrizo Oil & Gas, Inc.
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Two oil and gas companies, an operator and a non-operator, signed an agreement setting forth the terms and conditions of the non-operator’s participation in certain wells being drilled or to be drilled on some of the operator’s Barnett Shale drilling prospects. After that agreement terminated automatically, the two companies exchanged a series of emails. The jury found that the companies agree... More... $0 (10-19-2012 - TX)
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Mario Fiallo v. Allstate Insurance Company
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The plaintiff, Mario Fiallo, appeals from the judgment of the trial court denying his request to amend his complaint to add bad faith claims after a jury verdict in his favor and granting the motion of the defendant, Allstate Insurance Company, to subtract amounts from the jury verdict, as contemplated by the plaintiff’s insurance policy, before rendering judgment.
On appeal, the plaintif... More... $0 (10-02-2012 - CT)
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Randolph S. Francis v. Marsha Storm Francis
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¶1 The trial court petitioner, Randolph Francis (Husband), appeals a part of a decree of divorce entered in a dissolution of marriage action with the respondent, Marsha Storm Francis (Wife). After review, this Court affirms the appealed decree in part and reverses in part.
BACKGROUND
¶2 This appeal concerns the trial court's interpretation of the parties' antenuptial agreement ("Ag... More... $0 (09-14-2012 - OK)
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Agbl Enterprises, LLC v. Girlcook, Inc.
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AGBL Enterprises, LLC appeals from a final judgment which awards damages to Girlcook, Inc. on Girlcook’s counterclaim in this breach of contract action. We affirm the trial court’s finding that AGBL breached the lease by failing to maintain the premises, but reverse and remand with instructions that the trial court reduce Girlcook’s damages by $102,395.15—the amount the trial court attribu... More... $0 (09-05-2012 - FL)
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John Reaves v. Karen Reaves
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This is a marital property distribution case. At issue is the characterization of an annuity. The trial court entered a memorandum of decision and confirmed that the annuity was Karen Reaves’s separate property. John filed a motion for reconsideration; Karen filed a motion for the trial court to sign a final divorce decree. Both motions were heard on the same day. The trial court entered a ... More... $0 (08-31-2012 - TX)
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Peter Fazio v. Cypress/GA Houston I, L.P>
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Appellees, Cypress/GR Houston I, L.P., Cypress/GR Houston, Inc., and Cypress Equities, Inc. (collectively, “Cypress”),1 moved for rehearing of our January 19, 2012 opinion. We grant the motion for rehearing, withdraw our January 19, 2012 opinion and judgment, and issue this opinion and judgment in their stead. Our disposition remains the same. We dismiss Cypress’s February 24, 2012 motion fo... More... $0 (08-18-2012 - TX)
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Back Bay Spas, Inc. v. 441 Stuart Marketing, LLC
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Appellant Back Bay Spas, Inc. ("Back Bay"), seeks specific performance of a contract -- termed the "Letter Agreement" -- giving it the right to purchase the space it occupies in a building slated for conversion to condominium units. Three factors complicate the scenario: (1) the other party to the Letter Agreement needed the written consent of its mortgage bank for the sale, but no such writing e... More... $0 (08-16-2012 - MA)
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Citadel Group Limited v. Washington Regional Medical Center
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This is a diversity case arising from the breakdown of contract negotiations between Citadel Group Limited and Washington Regional Medical Center over the development, construction, and lease-back arrangement of a medical office building. Washington Regional entered into a contract with Citadel to proceed with pre-construction project development, which contemplated the subsequent execution of gro... More... $0 (08-15-2012 - IL)
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SCG Harbourwood, LLC d/b/a Harbourwood Health & Rehab Center v. Eleanor Hanyan
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SCG Harbourwood LLC, d/b/a Harbourwood Health & Rehab Center, appeals the trial court's denial of its motion to compel arbitration. Harbourwood argues that its contract with Eleanor Hanyan provided for arbitration of disputes. Harbourwood contends that an arbitration opt-out provision in the contract was not agreed to by the parties at the time the contract was signed and could not later be invoke... More... $0 (08-08-2012 - FL)
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Daewoo Shipbuilding & Marine Engineeing Co., Ltd. d/b/a DSME v. Ikanco, Inc.
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This is a contract interpretation case. Appellee ikanco, Inc. [sic] sued appellant Daewoo Shipbuilding & Marine Engineering, Co., Ltd. d/b/a DSME for breach of a contract pursuant to which ikanco was to provide services to aid Daewoo in securing a shipbuilding project.1 The trial court deemed the two-page contract between ikanco and Daewoo ambiguous and submitted it to the jury for interpretation.... More... $0 (07-26-2012 - TX)
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Michele M. Pitts v. Farm Bureau Life Insurance Company
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This case requires us to determine whether a life insurance agent owes a duty of care to the intended beneficiary of a life insurance policy. Additionally, we must decide whether a life insurance agent can be liable for negligent misrepresentation when he provides information to the insured and the intended beneficiary regarding the beneficiary designation listed on the life insurance policy. If w... More... $0 (07-06-2012 - IA)
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Dennis Davis v. Steven L. Johnston
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This appeal arises from a dispute concerning the existence and scope of easements that were alleged to burden two waterfront lots on Lake Travis. One of the lots is owned by appellant Dennis Davis and the other by appellant Debbie Desmond. Davis and Desmond are jointly engaged in a business known as Aqua Tech Marine Industries, which had conducted its operations on the lots since 2004. Following a... More... $0 (06-29-2012 - TX)
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Estate of Lawrence Brown, Deceased
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This is an appeal from the probate court’s order granting summary judgment in a dispute relating to the ownership of account funds interpleaded into the court registry. After considering competing motions for summary judgment, the trial court ordered the funds paid to Alberto Villafuerte, Independent Executor for the Estate of Lawrence Brown. Leonard Mark Williams appeals the probate court’s j... More... $0 (06-27-2012 - TX)
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Ronald C. Toler vna Vicky Lynn Sanders
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After eleven years of marriage, Ronald C. Toler (Ron) and Vicky Lynn Sanders (Vicky) began divorce proceedings. They decided to resolve any conflicts relating to their division of community property with a mediator’s assistance and entered into a mediated settlement agreement (MSA). See Tex. Fam. Code Ann. § 6.602 (West 2006). After signing the MSA, however, Ron claimed that the writing did ... More... $0 (05-17-2012 - TX)
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Nathan P. Philipello v. Brett G. Taylor
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This dispute centers on the ownership of an undivided one-fourth mineral interest associated with a tract of land located in Robertson County, Texas, which is now included in a prolific gas unit. The trial court granted summary judgment in this case in favor of appellees/cross-appellants, Brett G. Taylor, The Bill W. Clements and Velma F. Clements Revocable Living Trust, Billy R. Clements, and Lar... More... $0 (04-25-2012 - TX)
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Angelo Galantino v. Alession M. Baffone, Jr.
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25 Del. C. § 2108 grants priority to a “purchase money mortgage” that satisfies the conditions prescribed by that statute.1 The issue presented on this appeal is whether the parol evidence rule requires that a person who claims to hold a “purchase money mortgage” must prove his purchase money mortgage holder status solely by reference to the mortgage instrument itself. The Superior Court ... More... $0 (04-16-2012 - DE)
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Paul Ouzenne v. Carnell Haynes
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We deny appellant’s motion for rehearing; however, we withdraw this Court’s opinion of May 12, 2001, and issue this opinion in its stead. Our judgment of May 12, 2011 remains unchanged.
This is an appeal from an order confirming an arbitration award in favor of appellee, Carnell Haynes, on his claims against appellant, Paul Ouzenne, arising out of a construction contract. In seven iss... More... $0 (04-12-2012 - TX)
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