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eBook details

• Title: Ski River Development
• Author : Texas Tenth District Court of Appeals
• Release Date : January 20, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

This case concerns a 380-acre piece of property along the Brazos River in Johnson County. Appellees Anthony L. McCalla ("McCalla") and Cheryl A. McCalla are lessees of Appellee Walter Baker ("Baker") under a 1992 lease, known as the "Glazier lease." Appellants, Ski River Development, Inc. ("Ski River"), Stephen R. Davis ("Davis"), and Karen Davis, are also lessees of Appellee Walter Baker under a 1996 lease, called the "Baker-Davis lease." In 1996, the McCallas sued the Davises, Ski River,*fn1 and Baker claiming they had a right to purchase the property under the Glazier lease. The McCallas sought specific performance of their exercised option, tortious interference damages (including exemplary), a declaratory judgment that: (1) Mary Baker elected to sell the property; (2) the McCalla's offer to purchase was sufficient to exercise an option; (3) the Baker-Davis lease is void because it violated the McCalla's option contract, and for attorney's fees under the Declaratory Judgment Act.*fn2 Baker cross-claimed against Ski River and the Davises for damages (including exemplary) for tortious interference with use and enjoyment of his land and prospective contractual relations with the McCallas, civil conspiracy, a declaratory judgment that the Baker-Davis lease is void because it was procured by fraud, undue influence, and unconscionability, and for attorney's fees under the Declaratory Judgment Act.*fn3 Ski River and the Davises counterclaimed for a declaratory judgment that the McCalla's option is void and unenforceable and for attorney's fees under the Declaratory Judgment Act.*fn4 A jury awarded damages and attorney's fees to the McCallas and Baker against the Davises and Ski River and made other findings. The court entered judgment on the jury's verdict for tortious interference and declared that (1) the McCallas properly exercised their option to purchase and (2) the Baker-Davis lease and its amendments are void and unenforceable. Ski River and the Davises appeal in twelve issues.

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