Kevin M. Ehringer Enterprises, Inc. v. McData Services Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “mere failure to perform contractual obligations as promised does not constitute fraud but is instead a breach of contract”
• holding best efforts provision unenforceable for lack of guidelines
• “[M]ere failure to perform contractual obligations as promised does not constitute fraud but is instead a breach of contract.”
• “In interpreting CKB & Associates, we have held that the term ‘goal’ or ‘guideline’ need not be read narrowly.”
• “[The Fifth Circuit has] recognized that CRB & Associates ... is-instructive on the issue of how to interpret a ‘best efforts’ clause in a contract in Texas”
• first citing Formosa Plastics Corp. USA v. Presidio Eng’rs & Contractors, Inc., 960 S.W.2d 41, 47 (Tex. 1998); and then citing Haase v. Glazner, 62 S.W.3d 795, 798 (Tex. 2001)

Source: CourtListener parenthetical corpus (CC0).