PIZZA INN, INC. v. CLAIRDAY

No. 19-11302.

979 F.3d 1064 (2020)

PIZZA INN, INCORPORATED, Plaintiff-Appellant, v. Bob CLAIRDAY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed November 4, 2020.


Attorney(s) appearing for the Case

Cody L. Towns, Esq. , Attorney, Towns Law Firm, P.C., Dallas, TX, for Plaintiff-Appellant.

Robert F. Thompson , Branch, Thompson, Warmath & Dale, Paragould, AR, Michael Ray Goldman, Esq , Attorney, Alexander Dubose & Jefferson, L.L.P., Walnut Glen Tower, Dallas, TX, for Defendant-Appellee.

Before Smith, Clement, and Oldham, Circuit Judges.


Bob Clairday and Pizza Inn had a contract. Clairday held an option to renew it but failed timely to notify Pizza Inn that he wished to do so. Pizza Inn did not honor the tardy notice of renewal and did not renew. A jury awarded damages after finding that Pizza Inn had breached the contract. Determining that the notice...

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