[Download] "American Baler Company and Miner Associates v. Srs Systems" by First District, Houston No. 01-86-00907-CV Court of Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: American Baler Company and Miner Associates v. Srs Systems
- Author : First District, Houston No. 01-86-00907-CV Court of Appeals of Texas
- Release Date : January 24, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Upon original submission, we sustained appellant's challenge to the trial court's award of pre-judgment interest. On the authority
of Benavides v. Isles Constr. Co., 726 S.W.2d 23 (Tex.1987), we held that appellee could not recover pre-judgment interest
because it did not plead for it. Benavidez held that a mere prayer for general relief, which notifies of almost nothing, will
support an award of statutory or contractual pre-judgment interest, but that a specific prayer is required to support an award
of common law pre-judgment interest. Benavidez, 726 S.W.2d at 25. But for Benavidez, I would uphold the trial court's award of common law pre-judgment interest. The purpose of pleadings is
to give the defendant fair notice of the claim. Tex.R.Civ.P. 45. Even without notice, defendants should expect that plaintiffs
will seek pre-judgment interest on every possible basis, including at common law. Moreover, notice that the plaintiff seeks
pre-judgment interest will rarely affect the defense of the case.