Oral Contract to Reimburse Asbestos Mistake Affirmed on Appeal

January 13, 2014 in Case Summaries

Jeff Levinger represented long-time clients Jakalam Properties and Michael Cohen in persuading the Dallas Court of Appeals to affirm a favorable jury verdict based on the breach of an oral agreement.  The agreement arose out of a commitment on the part of an asbestos testing lab to reimburse Jakalam for the expenses it had to incur after the lab mistakenly reported that a building being renovated by Jakalam contained asbestos.  The Court rejected the lab’s contention that the oral contract was too indefinite to be enforced, holding that the contract was sufficiently definite to enable it to fix the parties’ obligations and liabilities.  The court also upheld the jury’s finding that the contract had been breached, and agreed that Jakalam was a prevailing party entitled to recover its attorney’s fees at trial and on appeal.  Crisp Analytical Lab, L.L.C. v. Jakalam Properties, Ltd., 422 S.W.3d 85 (Tex. App. ‑‑ Dallas 2013, pet. denied).

Courts:  Texas Intermediate Appellate Courts
Subject Matter:  Business Litigation