Case Project Written Assignment
February 21, 2012
DONNIE McGRAW, Appellant v. BROWN REALTY COMPANY, Appellee
FACTS: Donnie McGraw signed a lease with Brown Realty Company located at 7307 South Westmorland Road, Dallas, Texas where he would be running a restaurant. On December 24, 2003 when McGraw signed the contract he agreed that the lease would be from February 15, 2004 through February 14, 2009 where he would be paying $3,450 a month a totaling $207, 000 at the end. On March 3, 2004 McGraw sent Gary Brown, the president of Brown Realty Company, a letter informing him of some equipment in need of repair in addition he sent him a second letter on October 5, 2004 complaining that the roof of the building was leaking, there was never a respond from Brown Realty. Documentation showed that McGraw made his rent payment on time from March through October of 2004; however in November rent payment was returned for insufficient funds which he then abandoned the premises in December. Brown sued McGraw for breach of contract in early February seeking to collect the outstanding and unpaid rent, late charges, past due amounts and the remaining base rent at a total of $176,467.50. In late March, McGraw filed his original answer and affirmative defenses. Later in late June Brown Realty moved for traditional summary judgment on its breach of contract claim, he claimed it had mitigated its damages by securing a new tenant. McGraw then took action by filing his own traditional summary judgment on his defense. The trail court then in favor of Brown Realty entered summary judgment on their breach of contract asserted for $114,714. ISSUES: Whether or not the Trial court’s final summary judgment in favor of Brown Realty Company will proceed for the reason that Donnie McGraw argues that the trail court erred when they granted Brown motion for traditional summary judgment on its breach of contract.
DECISION: The Court of appeals concluded that the trail court erred...