Dallas/Fort Worth – Cokinos | Young Attorneys Ryan Allen and Anderson Sessions prevailed on appeal defending the successful summary judgment win of BenCo Machinery, LLC’s breach of contract claims in which the trial court granted full relief, including more than 250K in contract damages and attorney’s fees. On appeal, BenCo defended the trial court’s summary judgment on several points of error, including striking inadmissible summary judgment evidence and applying well-settled principles of Texas contract law.
In affirming the trial court’s rulings, the Sixth Court of Appeals, Texarkana, concluded BenCo established summary judgment as a matter of law on all grounds argued in June 2020. In relevant part, the Court agreed BenCo had satisfied its burden of proof to show the parties reached a ‘meeting of the minds’ on all essential contract terms, thereby forming a valid, enforceable contract, noting BenCo’s argument that:
“While the delivery of 100 frac tanks was a material term of the agreement, how they were to get to BenCo was not. In other words, by making the offer in the Purchase Order, Ho agreed that BenCo would be provided with delivery of 100 frac tanks, whether by Ho, Nicholas, or someone else, and such delivery by any party would have satisfied the obligations in the Purchase Order to provide the tanks. As a result, a meeting of the minds as to whether Ho or Nicholas was to deliver the tanks was not required. Thus, we conclude that, as a matter of law, BenCo established the existence of a valid contract as memorialized in the Purchase Order.”
The Court affirmed all relief granted in the trial court, and further awarded BenCo all costs of appeal. Enclosed is a copy of the Court’s Judgment and Memorandum Opinion.
Huge win for Cokinos client, BenCo Machinery, LLC!