[UPDATED THROUGH APRIL 1, 2010]
Depository Contracts, Probate Code.
Did bank breach a depository contract as a matter of law when it granted access to an estate’s account to a person presenting false Letter of Administration? Does section 186 of the Texas Probate Code, providing that Letters of Administration are sufficient evidence of the appointment and qualification of a person to serve as representative of an estate, provide a defense to the bank’s actions? Jefferson State Bank v. Lenk, No. 09 0269, formerly 2009 WL 618693 (Tex. App.—San Antonio 2009), review granted 11/20/09.
Parol Evidence Rule, Fraud, Measure of Damages.
Is argument that payment of money, the recovery of which was the only damage sought, was made by entity other than plaintiff an issue of capacity that is waivable if an issue of standing that is not waivable? Was the testimony supporting certain categories of damages inadmissible parol evidence? Did claimant fail to present sufficient evidence out-of-pocket or benefit-of-the-bargain damages? ERI Consulting Engineers, Inc. v. Swinnea, No. 07 1042, formerly 236 S.W.3d 825 (Tex. App.—Tyler 2007), review granted 10/23/09.
Third-Party Beneficiary Status, Consequential Damages.
Did the trial court correctly disregard the jury’s damages findings when plaintiff failed to obtain a finding that it was a party to the agreement? With certain trusts, courts have related to the contractual parties, entitled to enforce the contract of third-party beneficiaries? Under the record, were plaintiffs entitled to recover consequential damages in the form of lost opportunity damages when they did not present evidence that defendant was aware that plaintiffs could not have obtained financing from other sources? Basic Capital Management v. Dynex Commercial, No. 08 0244, formerly 254 S.W.3d 588 (Tex. App.—Dallas 2008), review granted 04/17/09.