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Click here for the full text of this decision FACTS:Joseph Dixon and Dixon Concrete Contractors entered into a contract with Shelton Modelist to level a driveway. The drainage on the driveway was allegedly improper, so Modelist didn’t pay. Modelist sued Dixon for breach of contract. A jury found Dixon breached the contract. The jury found that Modelist had suffered no damage yet, but because the driveway would have to be redone, Modelist would incur future expenses of $9,700. The jury also awarded nearly $9,900 in attorneys’ fees. On appeal, Dixon says his motion for j.n.o.v. should have been granted because the jury’s verdict of future damages was unsupported since it found no past damages. HOLDING:Affirmed. While Texas law does require damages as an element of proof in breach of contract actions, it defines contract damages to include “future damages,” provided that the amount of such damages is proven by a reasonable certainty. Dixon does not cite any authority, nor is the court aware of any, that requires the recovery of past damages as a prerequisite of future damages. OPINION:Adele Hedges, C.J.; Hedges, C.J., Frost and Guzman, JJ. Frost, J., concurs.

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