· 5/27/2003
Limestone Group, Inc. v. Sai Thong, L.L.C.
Citations
- 107 S.W.3d 793
- 2003 Tex. App. LEXIS 4504
- 2003 WL 21223282
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that claimant waived right to complain of trial court’s denial of attorney’s fees on appeal when it did not request additional findings or conclusions in trial court
- holding that because the contracting parties “omitted words from the contract modifying the degree of default needed,” the court would not “affix words of qualification or measure to it, such as substantial or material”
- whether plaintiffs breach of real estate sales contract was material was irrelevant to whether plaintiff could obtain specific performance when terms of contract disqualified a breaching party from obtaining that remedy
- “In short, the parties omitted words from the contract modifying the degree of default needed. Because they did, we may not now incorporate them into the agreement and thereby change it.”
- “[Because the plain meaning of the word [“default”] connotes a mere failure, omission, or breach .... we eschew attempt to affix words of qualification or measure to it, such as substantial or material.” (footnote omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Quinn, Reavis, Boyd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.