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Tippett v. Hart

Supreme Court of Texas
Nov 28, 1973
501 S.W.2d 874 (Tex. 1973)

Summary

holding claim actionable for any act “which retards, makes more difficult or prevents performance”

Summary of this case from Khan v. GBAK Properties, Inc.

Opinion

No. B-4201.

November 28, 1973.

Appeal from the District Court, Hall County, Montgomery, J.

Williams, Broughton Forbis, John T. Forbis, Childress, for petitioner.

John E. Chamberlain, Memphis, for respondent.


This suit was brought as one for actionable interference with contractual relations. As set out more fully in the opinion of the Court of Civil Appeals, 497 S.W.2d 606, the plaintiff had contracted with an agency of the federal government to leave certain acreage ungrazed by cattle. The jury found that the defendant, with knowledge of the contract, willfully opened the plaintiff's enclosed pasture and permitted his cattle to graze therein. The federal agency thereupon refused to pay the plaintiff under the agreement with the plaintiff.

We agree with the result reached by the Court of Civil Appeals (which affirmed a judgment for the plaintiff).

One of the questions raised by the defendant was that the contract between the plaintiff and the government had not been proved in the trial court. Our opinion, under the record, is that the contract was sufficiently proved. In passing upon the point, the Court of Civil Appeals stated in its opinion that the courts of Texas are Required to take judicial notice of the administrative rules and regulations adopted by (all) federal departments, boards and commissions pursuant to statute. The statement is overbroad and unnecessary to the opinion, and we are not to be understood as approving it.

The writ of error is refused, no reversible error.


Summaries of

Tippett v. Hart

Supreme Court of Texas
Nov 28, 1973
501 S.W.2d 874 (Tex. 1973)

holding claim actionable for any act “which retards, makes more difficult or prevents performance”

Summary of this case from Khan v. GBAK Properties, Inc.
Case details for

Tippett v. Hart

Case Details

Full title:W. H. TIPPETT, Jr., Petitioner, v. Lorean HART, Respondent

Court:Supreme Court of Texas

Date published: Nov 28, 1973

Citations

501 S.W.2d 874 (Tex. 1973)

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