LDF Const., Inc. v. Bryan, 324 S.W.3d 137 (Tex. App.—Waco 2010, no pet.). (Arbitration Clause)
When an arbitration clause uses broad and inclusive language such as “arising out of or related to the contract,” it will apply to all disputes that have a ‘but-for’ relationship to the contract at issue even when the disputes are against individuals. When an arbitration clause establishes levels of dispute resolution that must precede arbitration and these levels are procedurally skipped, the arbitrator is the proper party to determine if these methods should be utilized or if arbitration should continue.
Nasimuddin v. Woodlane Forest Civic Ass’n, Nos. 09-00-210 CV, 09-00-211 CV, 09-00-212 CV, 2001 WL 62899 (Tex. App.—Beaumont Jan. 25, 2001, pet. denied) (not designated for publication). (Repudiation; Anticipatory Breach)
Failure to perform in a timely manner, when time is not of the essence, and refusal to accept a check because it was not “currency,” will not constitute sufficient refusal to perform and consequently does not qualify as repudiation.
Wynne/Jackson Dev., L.P. v. Pac Capital Holdings, LTD, No. 13-12-00449-CV, 2013 Tex. App. LEXIS 6865, at *13 (App.—Corpus Christi 2013) (Oil & Gas; Royalties)
Developer, oil and gas interest owner, and HOA were in a dispute over what royalties were owed under several oil and gas leases. The Court determined that that the interest in this case is a fractional royalty, not a fraction of royalty.
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