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Price Pfister

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eBook details

  • Title: Price Pfister
  • Author : Texas Court of Appeals
  • Release Date : January 17, 2001
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

This breach of contract case arises from an oral agreement whereby Moore & Kimmey, Inc. ("MKI")*fn1 agreed to serve as a wholesale sales representative for Price Pfister, Inc. in exchange for commissions on the sales of Price Pfister's products. After Price Pfister terminated the agreement, MKI sued to recover for commissions allegedly owed. Based on the jury's findings, the trial court entered judgment for MKI and awarded MKI treble damages under the Sales Representatives Act, TEX. BUS. & COM. CODE ANN. §§ 35.81-35.86 (Vernon 1987 & Supp. 2001). Price Pfister raises four issues on appeal: (1) the trial court erred in applying the Sales Representatives Act to MKI's cause of action; (2) the evidence demonstrated as a matter of law that the parties' agreement had been modified and that Price Pfister did not breach the modified agreement; (3) the evidence was legally and factually insufficient to support the jury's findings regarding the substance of the parties' agreement; and (4) the damage award erroneously includes elements of damages for which there is no evidentiary support. We affirm the trial court's judgment.


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