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RE/MAX OF TEXAS, INC. v. KATAR CORP.

No. 01-96-01047-CV.

961 S.W.2d 324 (1997)

RE/MAX OF TEXAS, INC., Appellant, v. The KATAR CORPORATION, Appellee.

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

Rehearing Overruled September 23, 1997.

Attorney(s) appearing for the Case

Paul Leggett, Houston, for Appellant.

Steven P. Kearney, David C. Holmes, Houston, for Appellee.

Before TAFT, COHEN and O'CONNOR, JJ.

OPINION

TAFT, Justice.

This is an unusual case where the party who first defaulted on its payment obligation successfully sued the other party for its subsequent breach. We decide whether a party who has the contractual right to terminate a contract because of default by the other party also has the right to terminate part of the contract. We uphold the trial court's decision that partial termination constituted a breach of the contract.

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