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Wilma John D/B/A John Concrete Contractor v. Astro Cement
Citation: Not availableDocket: 07-01-00416-CV
Court: Court of Appeals of Texas; April 10, 2002; Texas; State Appellate Court
Original Court Document: View Document
Wilma John, operating as John Concrete Contractor, appealed a final judgment from the 149th Judicial District Court of Brazoria County, which ruled in favor of Clear Lake Surgical Associates for breach of contract regarding a parking lot paving agreement. The appeal raised two main issues concerning the trial court's jurisdiction: John argued that Clear Lake lacked standing to sue because G. Michael McDonald, M.D. did not indicate he was signing as an agent of Clear Lake, and that standing could not be established through a stipulation. The appellate court affirmed the trial court's judgment, noting that the parties had entered a stipulation confirming McDonald was acting as an authorized agent for Clear Lake during the contract execution. The court referenced established authority that allows a principal to enforce contracts made by their agent, even if the principal is undisclosed. Citing relevant case law, the court concluded that the stipulation validated Clear Lake's contractual rights, enabling it to seek damages for the breach. The court rejected John's claims, affirming that Clear Lake had enforceable rights under the contract. The opinion clarified that the stipulation did not fabricate jurisdiction but rather clarified the legal relationship between the involved parties, reinforcing that the agreement demonstrated Clear Lake's enforceable rights without improperly creating jurisdiction.