(DOWNLOAD) "Barker V. Eckman" by In the Supreme Court of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Barker V. Eckman
- Author : In the Supreme Court of Texas
- Release Date : January 01, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
We address two issues in this appeal from a suit for breach of a bailment agreement. The first is when the statute of limitations begins to run for breach of the agreement. The second is whether the case must be remanded for a new trial as to attorney's fees when the amount of actual damages is reduced on appeal because of trial court error. As to the first issue we hold that the statute of limitations runs from the date the agreement is breached. As to the second we hold that, subject to harmless error analysis, a reduction in actual damages requires the case to be remanded for a new trial on attorney's fees. Determining that the trial court committed error which was not harmless as to the award of attorney's fees, we reverse the court of appeals' judgment and remand the case to the trial court for further proceedings consistent with this opinion.