GT & MC, INC. v. Texas City Refining, Inc.
822 S.W.2d 252 | Texas Court of Appeals, 1st District (Houston) | 1991
Holding Summary
A contract limiting damages for defects in materials or workmanship to repair or replacement does not limit damages for breach of express warranties regarding design requirements, allowing recovery of consequential damages.
Remedies for breach of express warranty related to design requirements were neither limited nor disclaimed.
Related Cases
Luis E. Garcia, M.D. v. Copenhaver, Bell & Associates, m.d.'s, P.A., Defendant-Third Party St. Paul Fire & Marine Insurance Company, Third Party
Whether a defendant qualifies as an 'employer' under ADEA is a substantive element of the plaintiff's claim, not merely a jurisdictional question, and must be decided by a jury rather than dismissed by the judge under Rule 12(b)(1).
Intergen N v. v. Grina
A party cannot be compelled to arbitrate disputes unless it has agreed to do so; InterGen, a non-signatory to the arbitration agreements, is not bound by arbitration clauses in contracts signed by other parties.
Travis County v. Pelzel & Associates, Inc.
Local Government Code § 89.004's presentment requirement is a condition precedent to suit, not a waiver of sovereign immunity, and a county does not waive immunity by withholding contract payments under liquidated damages clauses.
Hamon Contractors, Inc. v. Carter & Burgess, Inc.
The economic loss rule bars post-contractual fraud claims when the alleged fraud arises from duties implicated by a party's performance of contractual terms, even where the fraud is intentional.
Robert Lilley, Cross-Appellee v. Btm Corporation, Cross-Appellant
Lilley was properly determined to be an employee under the ADEA and Elliott-Larsen Act, and the court affirmed his retaliatory discharge claim but reversed the denial of prejudgment interest and remanded for recomputation of costs.
County Commissioners v. J. Roland Dashiell & Sons, Inc.
An express written contract bars quasi-contractual claims for unjust enrichment when the contract addresses the subject matter of the claim.