PRESNAL v. TLL ENERGY CORP.

No. 01-88-00911-CV.

788 S.W.2d 123 (1990)

James K. PRESNAL and Ruth Presnal, Individually and as Trustees for Forest D. Cook, Carol Ann Lemon, and James K. Presnal, Jr., Appellants, v. TLL ENERGY CORPORATION, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied April 26, 1990.


Attorney(s) appearing for the Case

Lin L. Blasit, Austin, for appellants.

Jon Miller, Bryan, for appellee.

Before SAM BASS, MIRABAL and COHEN, JJ.


OPINION

COHEN, Justice.

The questions presented by this class of contracts (for liquidated damages) are a fruitful source of litigation, and are usually difficult to be determined.

Eakin v. Scott, 70 Tex. 442, 444, 7 S.W. 777, 778 (1888).

We find that the decisions of the various courts of civil appeals in this state upon this question (when liquidated damage clauses are enforceable) are hopelessly irreconcilable, and after as full...

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