We are not a fact finder and may not pass upon the witnesses' credibility or substitute our judgment for the jury's, even if the evidence would support a different result. Big Dog Logistics, Inc. v. Strategic Impact Corp., 312 S.W.3d 122, 135 (Tex. App.—Houston [14th Dist.] 2010, pet. denied) (citing Mar. Overseas Corp. v. Ellis, 971 S.W.2d 402, 407 (Tex. 1998)). Appellants suggest the abuse-of-discretion standard applies because they presented the factual-sufficiency challenge via a motion for new trial.
A jury found all defendants liable and the trial court rendered a money judgment against all defendants, Kirk, Lane, and the corporate defendants. The trial court later granted a motion to disregard a portion of the jury's verdict and issued an amended final judgment in November 2007. Big Dog Logistics, Inc. v. Strategic Impact Corp., 312 S.W.3d 122, 130 (Tex. App.-Houston [14th Dist.] 2010, pet. denied). The trial court held the corporate defendants liable to Brasch and Floudas for breach of contract, but Kirk and Lane were not individually liable.
The jury was free to decide the weight to assign to each of the five nonexclusive factors listed in the jury charge. See Big Dog Logistics, Inc. v. Strategic Impact Corp., 312 S.W.3d 122, 136-37 (Tex. App.-Houston [14th Dist.] 2010, pet. denied).
We are not a fact finder and may not pass upon the witnesses' credibility or substitute our judgment for that of the fact-finder, even if the evidence would support a different result. Big Dog Logistics, Inc. v. Strategic Impact Corp., 312 S.W.3d 122, 135 (Tex.App.–Houston [14th Dist.] 2010, pet. denied) (citing Mar. Overseas Corp. v. Ellis, 971 S.W.2d 402, 407 (Tex.1998)). The trial court found that “[a]s a factual proposition,” KBR failed to meet its burden to prove its damages “flowed from Tamimi's breach at all.”
We are not a fact finder and may not pass upon the witnesses' credibility or substitute our judgment for that of the fact-finder, even if the evidence would support a different result. Big Dog Logistics, Inc. v. Strategic Impact Corp., 312 S.W.3d 122, 135 (Tex. App.—Houston [14th Dist.] 2010, pet. denied) (citing Mar. Overseas Corp. v. Ellis, 971 S.W.2d 402, 407 (Tex. 1998)). The trial court found that "[a]s a factual proposition," KBR failed to meet its burden to prove its damages "flowed from Tamimi's breach at all."
Language showing the parties' assent to a particular agreement must be included within a written memorandum to satisfy the statute of frauds. Big Dog Logistics, Inc. v. Strategic Impact Corp., 312 S.W.3d 122, 133 (Tex. App.—Houston [14th Dist.] 2010, pet. denied) (citing Osborne v. Moore, 247 S.W. 498, 498-500 (Tex. 1923); Birenbaum v. Option Care, Inc., 971 S.W.2d 497, 501 (Tex. App.—Dallas 1997, pet. denied)). Evidence of mutual assent in written contracts generally consists of signatures of the parties and delivery with the intent to bind.