Jones v. Kelley

3 Citing cases

  1. Jones v. Kelley

    614 S.W.2d 95 (Tex. 1981)   Cited 267 times
    Holding that multiple documents between different parties were part of one transaction because transaction was for sale of entire tract of land, which would be incomplete without referencing certain documents

    The court of civil appeals affirmed the judgment of the trial court. 602 S.W.2d 573. Both parties have filed applications in this court.

  2. City of Fayetteville v. Bibb

    781 S.W.2d 493 (Ark. Ct. App. 1990)   Cited 8 times
    Reviewing evidence regarding whether a city employee's contract provided for payment for unused compensation time upon her termination

    Courts of other states which have considered the specific issue raised here have held that statutes providing for attorney's fees to be taxed as costs are to be given retrospective application. Cox v. American Fidelity Assurance Co., 581 P.2d 1325 (Okla.App. 1977); People v. Wagner, 91 Ill. App. 3rd 254, 414 N.E.2d 773 (1980), rev'd on other grounds 89 Ill.2d 308, 433 N.E.2d 267 (1982); Jones v. Kelley, 602 S.W.2d 573 (Tex.Civ.App. 1980), aff`d as modified 614 S.W.2d 95 (Tex. 1981). In Cox the court said:

  3. Carr v. Austin Forty

    744 S.W.2d 267 (Tex. App. 1988)   Cited 24 times
    Holding that letter notifying opposing party of termination of contract and requesting release of letter of credit constituted proper presentment because “[t]he elements of notice, time and proof of amount are all present”

    In order to recover attorney's fees in a suit "founded" on a written contract under this article, a plaintiff must plead and prove that presentment of a contract claim was made to the opposing party and he failed to tender performance. Ellis v. Waldrop, 656 S.W.2d 902, 905 (Tex. 1985); Jones v. Kelley, 602 S.W.2d 573, 577 (Tex.Civ.App. 1980), reformed on other grounds and aff'd, 614 S.W.2d 95 (Tex. 1981). The contract, itself, need not provide for attorney's fees. First City Bank — Farmer's Branch, Texas v. Guex, 677 S.W.2d 25, 30 (Tex. 1984).