Texas Supreme Court hears argument on whether delay damages can accompany specific performance in White Knight v. Simmons

At oral argument before the Supreme Court of Texas in White Knight v. Simmons, counsel for the petitioner and respondent contested whether Texas law allows courts to award monetary damages tied to delay in addition to specific performance in real‑property disputes; the case was submitted after argument and no decision has been issued.

The question presented at argument, as framed by Mister Flores, counsel for petitioner White Knight, was narrow: the parties now agree that concurrent relief is legally available, but the remaining issue is whether the trial court's written findings and conclusions justify the specific measure of delay‑related recovery the trial court awarded. "The district court judgment is correct, both at the bottom line and in the findings and conclusions that support it," Flores told the court, urging three alternate bases for affirmance: that the required findings appear in the record, that they were made by implication under Rule 299, and that the damages are properly characterized as consequential damages.

Why the issue matters: a ruling that permits (or forecloses) awards of delay or consequential damages together with…