Case Dismissed by Opposing Party!
Our client was sued in Texas by an out-of-state inventor who claimed our client failed to pay for and sell the invention. The claim was for breach of contract. Our client hired us, and we immediately went to work defending him. We filed an answer with affirmative defenses. We further asked the judge to allow us to conduct discovery to prove the invention was worthless and that our client had offered numerous times to return the invention at the inventor's cost but that the inventor had always refused. When the inventor tried to negotiate a settlement, we stood firm. We educated the inventor on his duty to mitigate his damages, including his duty to accept the return of the product and attempt to sell it himself. If he did that, however, he would have to admit the invention was worthless. Under Texas law, we threatened to countersue the inventor for fraud and deceptive trade practices. Two days later, the inventor filed paperwork with the court to dismiss the case.
If you have a contract dispute, whether you are making the allegation of a breach of contract or defending against such an allegation, call us at 713-780-7745 to see if we can help. With over 25 years of experience, Mr. Benjamin Sanchez and his team can help!
Practice area(s): Business, Civil Litigation, Commercial, Litigation
Court: Harris County Justice Court