· 7/26/2011
McLernon v. Dynegy, Inc.
Citations
- 347 S.W.3d 315
- 2011 Tex. App. LEXIS 5683
- 2011 WL 3062024
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that Forest Oil considerations are “ ‘facts ... that guide[ ] our reasoning1 and ‘factors’-not elements that all must be established”
- noting that Forest Oil considerations are “‘facts . . . that guide[ ] our reasoning’ and ‘factors’—not elements that all must be established”
- analyzing affidavits and statements of payments summarizing principal payments required and payments made in deciding whether plaintiff met balance “due and owing” element when collecting on promissory note
- “[A] written instrument reciting a consideration imports one, and with such a recitation we presume the consideration [to be] sufficient.”
- “[A] written instrument reciting a consideration imports one, and with such a recitation we presume the consideration [to be] sufficient.”
- “The inquiry under this guideline cannot be whether they discussed the fraudulent-inducement claim or whether he was aware of the misrepresentations at issue.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Charles W. Seymore
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.