[DOWNLOAD] "Geoffrey R. Ferguson v. Drg/Colony North" by Fifth District, Dallas Court of Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Geoffrey R. Ferguson v. Drg/Colony North
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 25, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
This appeal arose out of the 1984 sale of the 100-unit Colony North Apartments, located in Austin, from appellant John E. Grooms to appellee, DRG/Colony North, Ltd. An addendum to the contract of sale obligated Grooms to make certain roof repairs to the complex either before or after the closing. When Grooms failed to make the repairs to appellees satisfaction, appellee began its own efforts at repairs, which Grooms initially paid for. When those efforts also failed to cure the problem, appellee had all the roofs of the apartment complex replaced and, pursuant to a provision in the contract of sale, proceeded to offset that expense against its note payments to the trust Grooms had established to receive such payments. Contending that he was not obligated to pay for a complete re-roofing of the complex, Grooms declared the note in default and posted the property for foreclosure. Appellee then instituted this suit to recover damages for breach of contract or alternatively to rescind the purchase. In addition to Grooms, the suit named as defendants Geoffrey R. Ferguson, Trustee; the Grooms Exchange Trust; and Russell G. Ferguson, Trustee. The trial court enjoined the scheduled foreclosure, and the case was later tried on the merits to a jury. After a verdict favorable to appellee on all issues, the trial court ordered the contract rescinded, together with an alternative award of damages, which was to take effect only if the rescission award was later reversed on appeal. This appeal followed.