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Texas Supreme Court asked to allow delay damages alongside specific performance in property dispute
Summary
In White Knight Development v. Simmons the court heard argument on whether courts may award incidental or consequential delay costs in addition to ordering specific performance in equitable actions involving real property; counsel disputed whether such damages are categorically available and whether trial findings met the necessary standards.
The Supreme Court of Texas heard argument in White Knight Development v. Simmons over whether, and on what proof, courts may award monetary damages for delay in addition to ordering specific performance in real‑property cases.
Petitioner’s counsel told the court that the central question is whether Texas law allows “the concurrent recovery of both some specific performance and incidental delay costs.” Respondent’s counsel characterized the dispute differently: “This case is not a breach of contract case. This is a quasi estoppel case,” and argued that the trial court’s findings awarding roughly $309,000 (the figure contested below) should be set aside as an improper double recovery or as unsupported by the record.
Argument centered on three…
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