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SAS INSTITUTE, INC. v. BREITENFELD

No. 04-1103.

167 S.W.3d 840 (2005)

SAS INSTITUTE, INC., Petitioner, v. John W. BREITENFELD, Respondent.

Supreme Court of Texas.

July 1, 2005.

Attorney(s) appearing for the Case

Nancy L. Patterson, Curtis Dean Herms Jr., S. Shawn Stephens, Baker & Hostetler LLP, Houston, for petitioner.

Fred Colin Durham, Teresa G. Sanchez, Kyle G. Basinger, Collins & Basinger, Dallas, for respondent.

PER CURIAM.

The trial court in this case granted SAS Institute's motion for summary judgment, requiring John Breitenfeld to repay a bonus on a cancelled sale based on a commission contract between the two parties. The court of appeals reversed and rendered judgment on Breitenfeld's motion for summary judgment against SAS, allowing Breitenfeld to keep the bonus under the commission contract. We hold the contract language...

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