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Essex Crane Rental Corporation v. Estevan Coal Construction
Citation: Not availableDocket: 10-92-00118-CV
Court: Court of Appeals of Texas; December 8, 1992; Texas; State Appellate Court
Original Court Document: View Document
Essex Crane Rental Corporation sued Estevan Coal Construction for breach of an oral contract. The trial court denied Estevan's special appearance but granted summary judgment in favor of Estevan. Essex appealed, while Estevan cross-appealed, arguing that the court erred in denying its special appearance. Estevan's summary judgment motion asserted two points: (1) no contract was formed between the parties, and (2) if a contract existed, Essex committed an anticipatory breach. In response, Essex claimed that both oral and written contracts were formed but did not address the anticipatory breach argument. The court granted summary judgment without specifying the grounds. The ruling emphasized that if a party opposing a summary judgment does not challenge every ground raised in the motion, the judgment will be affirmed on any unchallenged grounds. Since Essex did not contest the anticipatory breach claim, the court affirmed the summary judgment. The cross-point regarding the special appearance was not addressed. The opinion was delivered on December 9, 1992, with a note that it should not be published.