[Download] "Tribble & Stephens Co. v. Rgm Constructors" by In the Court of Appeals for the First District of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Tribble & Stephens Co. v. Rgm Constructors
- Author : In the Court of Appeals for the First District of Texas
- Release Date : January 28, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 96 KB
Description
In this breach of contract case, Tribble & Stephens Company ("T&S") appeals a summary judgment in favor of RGM Constructors, L.P. ("RGM") on the grounds that: (1) RGM failed to comply with a contractual condition precedent to litigation; (2) there were disputed fact issues concerning RGMs performance under the contract; (3) the trial court erred in: (a) sustaining RGMs objections to T&Ss summary judgment evidence, and (b) refusing to grant leave to amend that evidence; (4) the trial court granted RGM more relief than requested; and (5) the trial court erred by granting RGMs partial summary judgment motion on T&Ss deceptive trade practices claims and granting sanctions under the DTPA against T&S. We hold that the trial court erred in (1) granting RGMs summary judgment motion because fact issues exist as to RGMs performance under the contract; (2) in granting summary judgment in connection with T&Ss reformation claim; and (3) in granting RGMs partial summary judgment motion on T&Ss DTPA claims and in granting sanctions on those claims against T&S. Further, because it is unclear whether RGM agreed to be bound by the condition precedent as argued by T&S in its summary judgment motions, a fact issue exists as to the parties intent. We reverse the judgment of the trial court and remand.