Sign In
Events
Newsletters
Search

Close

Close Search

SEARCH
MY LAW.COMNEW

Barry v. Jackson

Appellant claims that the trial court erred because appellees sought to be awarded appellant?s earnest money, thus electing a contractual remedy that bars them from receiving damages. The court of appeals held that there is sufficient evidence to show that the appellees did not elect to receive liquidated damages, relinquish their right to sue, or engage in conduct inconsistent with that right. Austin Court of Appeals, No. 03-08-00549-CV, 01-15-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

In mid-July 2002, appellant Michael P. Barry entered into a contract with appellees Donald and Karen Jackson under which he agreed to buy their home for $370,000. The Jacksons then signed a contract to buy another house. Shortly after the Jacksons’ option period on their new house expired, Barry informed the Jacksons that he would not be going through with the purchase. The Jacksons lost the earnest money they had deposited in conjunction with the contract for their new house, as well as an option-period fee and a fee to have the new house inspected. The Jacksons re-listed their house after doing a number of repairs, eventually selling it in late October 2003 for $339,000. The Jacksons sued Barry for breach of contract. Following a bench trial, the trial court entered judgment in favor of the Jacksons, awarding them breach-of-contract damages in the amount of $46,965, $3,889 for “out of pocket” damages, and $23,165 in attorney’s fees. Barry appeals, complaining that the trial court erred because (1) the Jacksons sought to be awarded Barry’s earnest money, thus electing a contractual remedy that bars them from receiving damages; (2) there was insufficient evidence of the property’s market value to support the trial court’s award of damages; and (3) because the damages were improper, the attorney’s fees award should be reversed. We will reverse the trial court’s judgment, render judgment awarding the Jacksons $3,889 in damages, and remand the cause to the trial court for reconsideration of the issue of attorney’s fees.

Summary of the Testimony

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023
TBC, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023
TBC

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Go to Events Go to Webcasts

COMMERCIAL FINANCE ATTORNEY - CT OFFICES; REMOTE will be considered


We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

Attorneys-Solicitor General Division


Attorneys Solicitor General Division: The West Virginia Attorney General's Office is accepting applications for attorneys in the Solicitor...


Apply Now ›

CIVIL LITIGATION ATTORNEY -NEW YORK


Regional mid-sized firm with diverse civil litigation practice seeking hardworking and dedicated attorneys with 1-5 years experience for it...


Apply Now ›
Go to Lawjobs

LAWYERS OF DISTINCTION

05/25/2023
NLJ Web

Lawyers of Distinction would like to announce...


View Announcement ›

DAVIS, SAPERSTEIN & SALOMON, P.C.

05/08/2023
NJLJ Web

It is our privilege & honor to announce the addition of Steven H. Cohen, Patricia Z. Boguslawski, Evan D. Baker & Kelly A. Conlon as new partners of DAVIS, SAPERSTEIN & SALOMON, P.C.


View Announcement ›

FERRO LABELLA & WEISS LLC

05/08/2023
NJLJ Web

FERRO LABELLA & WEISS LLC would like to announce that....


View Announcement ›
Go to Professional Announcements

Legal Newswire

CHAMBERS USA 2023 RANKS SOUTHBANK LEGAL AMONG THE TOP BANDS FOR COMMERCIAL LITI...
CHAMBERS USA 2023 RANKS IFRAH LAW AND FIRM PARTNERS AMONG THE TOP BANDS FOR GAMI...
Cartel Blue, Inc. Announces Nano-Enhanced THC Product
Intrepid Managed Discovery Welcomes Experienced Team to Drive eDiscovery
Submit a press release