Win Shields Prods., Inc. v. Greer

1 Citing case

  1. Pollitt v. Comput. Comforts, Inc.

    NO. 01-17-00067-CV (Tex. App. Oct. 4, 2018)   Cited 3 times

    Thus, a party who has suffered a single injury cannot recover exemplary damages under a fraud theory and also recover attorney's fees for breach of contract. See, e.g., Win Shields Prods., Inc. v. Greer, No. 05-16-00274-CV, 2017 WL 2774443, at *5-6 (Tex. App.—Dallas June 27, 2017, pet. denied) (mem. op.) (applying one-satisfaction rule to fraudulent-inducement and breach-of-contract claims); McCullough, 435 S.W.3d at 916-17 (applying one-satisfaction rule to alternate liability theories of breach of contract, fraud, and breach of fiduciary duty); see also Chapa, 212 S.W.3d at 304 (noting that plaintiff could recover attorney's fees but not exemplary damages for breach of contract and that plaintiff could recover exemplary damages but not attorney's fees for fraud). When a party does prevail on alternate theories, the party is entitled to elect recovery on the theory affording the greatest recovery.