Texas Case Summaries

Contract Interpretation

Breach of Contract, Construction Law, Contract Interpretation

Blackmon Mooring v. St. Edward’s University — Third Court Reverses Summary Judgment, Holds Parol Evidence Cannot Transform Cost Estimate into Price Cap

The Third Court of Appeals reversed summary judgment for St. Edward's University, holding that the parol evidence rule prohibited using pre-contract negotiations to transform a cost-plus contract's 'estimated budgetary price' into a guaranteed maximum price.

Texas 13th Court of Appeals, Appellate Procedure, Civil Procedure, Contract Interpretation, Insurance Coverage

In Re Germania Farm Mutual — Texas Appeals Court Compels Insurance Appraisal Despite Insurer’s Full Claim Denial

The Thirteenth Court of Appeals conditionally granted mandamus compelling appraisal in a homeowner's insurance dispute, holding that Germania's outright claim denial did not preclude appraisal and that the policyholder failed to establish waiver or prejudice from any delay in demanding the process.

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