Hunter v. PRICEKUBECKA, PLLC
339 S.W.3d 795
Tex. App.2011Background
- June 13, 2004, Hunter and PK enter a letter agreement for Hunter's employment and potential 20% equity in PK.
- Compensation includes 20% equity payable by December 31, 2005, with transfers of transferred clients and a 10% equity commission to reach $277,564.
- Subsection on termination provides Hunter could take transferred clients or PK would buy them; PK terminates on December 9, 2005 and presents a settlement offer.
- Settlement document valued at $153,272, payable over 36 months; Hunter later contends this was a repudiation and breach by PK.
- Hunter sues December 7, 2007 for breach of contract, fraud, negligent misrepresentation; PK counterclaims for breach of contract and money had and received.
- Trial court directed verdict for PK on breach of contract; jury found Hunter did not fail to comply and did not hold money in equity for PK; final judgment favors Hunter with no recovery for either side.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of contract directed verdict proper? | Hunter contends PK breached by settlement amount and timing. | PK asserts Hunter elected to take transferred clients and no breach occurred. | Directed verdict proper; no material repudiation by PK. |
| Judgment not to submit Hunter's requested issues on contract, fraud, misrepresentation? | Hunter argues facts support jury questions on contract, fraud, and misrepresentation. | Court should resolve these as matters of law; no submission required. | No submission required; issues decided as a matter of law. |
| No-evidence summary judgment on fraud and negligent misrepresentation? | Hunter produced more than a scintilla of evidence on elements. | Evidence insufficient to raise fact issues of fraud or negligent misrepresentation. | No-evidence summary judgment affirmed; claims dismissed. |
| Motion to modify judgment denied? | Hunter sought modification to reverse the directed verdict or grant relief. | No reversible error; record supports original disposition. | Denial of motion to modify judgment affirmed. |
| PK's cross-claim for money had and received? | Hunter overpaid commissions; equity demands return. | Overpayments may not be recoverable; timing and effect of termination matter. | Jury findings sustained; PK's cross-claim denied/not supported; final judgment affirmed. |
Key Cases Cited
- Taylor Elec. Servs., Inc. v. Armstrong Elec. Supply Co., 167 S.W.3d 522 (Tex. App.-Fort Worth 2005) (fraud elements and reliance guidance)
- SAVA gumarska in kemijska industria d.d. v. Advanced Polymer Sci., Inc., 128 S.W.3d 304 (Tex. App.-Dallas 2004) (repudiation and intent to perform are evaluated with surrounding facts)
- Grp. Life & Health Ins. Co. v. Turner, 620 S.W.2d 670 (Tex.Civ.App.-Dallas 1981) (repudiation standards for contract law)
- Bans Props., L.L.C. v. Hous. Auth. of City of Odessa, 327 S.W.3d 310 (Tex.App.-Eastland 2010) (unambiguous repudiation and timing considerations)
- El Paso Prod. Co. v. Valence Operating Co., 112 S.W.3d 616 (Tex.App.-Houston [1st Dist.] 2003) (unconditional repudiation standards)