(DOWNLOAD) "Barclaysamerican/Business Credit v. E & E Enterprises" by Fifth District, Dallas Court of Appeals of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Barclaysamerican/Business Credit v. E & E Enterprises
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 29, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
This is an appeal by BarclaysAmerican/Business Credit, Inc. ("Barclays") from a take-nothing judgment in favor of E & E Enterprises, Inc. ("E & E"). Barclays brings five points of error contending (1) that the trial court erred in concluding that a contract was created between Wrape Forest Industries, Inc. d/b/a/ Industrial Wood Products ("Wrape") and E & E by the promise of Wrape to provide 60 days notice of ceasing operations; (2) that the trial court erred in concluding against the great weight of the evidence that E & E could assert defenses based upon facts arising prior to knowledge of the assignment from Wrape to Barclays; (3) that the trial court erred in concluding that E & E could assert a defense of anticipatory repudiation with respect to failure to deliver a shipment of products in August, 1982; (4) that the trial court erred in concluding that E & E could assert affirmative defenses against Barclays based upon E & Es dealings with Wrape; and (5) that the trial court erred in failing to find for Barclays and, thus, in failing to award stipulated attorneys fees to Barclays. For the following reasons, we affirm the judgment of the trial court.