(Download) "William J. Williams V. George Khalaf (11/28/90)" by Supreme Court of Texas # Book PDF Kindle ePub Free
eBook details
- Title: William J. Williams V. George Khalaf (11/28/90)
- Author : Supreme Court of Texas
- Release Date : January 28, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
This is a statute of limitations case in which a counterclaim for breach of contract was amended to include a claim for fraud involving the same underlying transaction or occurrence. The trial court rendered judgment for the counterclaimant on the jury verdict for fraud. The court of appeals reversed and rendered, holding that the statute extending the statute of limitations for the filing of amended pleadings involving the same transaction or occurrence did not apply because of a "relation back" theory. The court of appeals held the amended pleading merely "related back" to the original counterclalm date, at which time fraud causes of action were barred by the two-year statute of limitations. 763 S.W.2d 868. Because the court of appeals erred by overlooking 1979 amendments to the limitations statutes that make the limitation period for fraud four years, we reverse the judgment of the court of appeals and remand the cause to that court for determination of factual sufficiency points.
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