law-installment-contract | RIC | accrual date of claim |
The Civil Practice and Remedies Code provides a four-year statute of limitations for a breach of contract action.
See Tex. Civ. Prac & Rem. Code Ann. § 16.004. A cause of action for breach of contract generally accrues when
the contract is breached. Slusser v. Union Bankers Ins. Co., 72 S.W.3d 713, 718 (Tex.App.-Eastland 2002, no
pet.). Where a contract calls for periodic payments of a fixed amount, a cause of action accrues at the time of a
missed payment. Id.
INSTALLMENT CONTRACTS - CASES FROM HOUSTON COURTS OF APPEALS
Boss Hoss Cycles of Houston, LLC v. Wells Fargo Bank, NA (pdf) (Tex.App.- Houston [14th Dist.] Jan. 26, 2010)
(Brown) (dealer agreement contract dispute relating to assignment of retail installment contracts, obligation to
repurchase assigned contracts, failure to furnish evidence of perfection of security interest, breach of agreement
AFFIRMED IN PART DISMISSED IN PART: Opinion by Justice Brown
14-08-00648-CV Boss Hoss Cycles of Houston, LLC and David Cesshier v. Wells Fargo Bank, N.A.
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge: R. Jack Cagle
Harrison v. Charlie Thomas Ford, Ltd. (Tex.App.- Houston [1st Dist.] Sep. 24, 2009)(Sharp)
(DTPA, Finance Code violations in installment sale of motor vehicle alleged, waiver of arguments on appeal)
AFFIRM TC JUDGMENT: Opinion by Justice Sharp
Before Chief Justice Radack, Justices Taft and Sharp
01-08-00164-CV Russell W. Harrison v. Charlie Thomas Ford, Ltd., d/b/a Charlie Thomas Ford
Appeal from 61st District Court of Harris County
Trial Court Judge: Hon. John Donovan
OTHER PERIODIC PAYMENTS CASES
Barker v. Eckman, 213 S.W.3d 306, 309–11 (Tex. 2006) (multiple breaches of bailment agreement to periodically
forward proceeds from collection and sale of bull semen); F.D. Stella Prods. Co. v. Scott, 875 S.W.2d 462, 465
(Tex. App.—Austin 1994, no writ) (breach of equipment lease requiring fixed, periodic payments); Hollander v.
Capon, 853 S.W.2d 723, 726 (Tex. App.—Houston [1st Dist.] 1993, writ denied) (breach of continuing obligation
to pay periodic child support); Townewest Homeowners Ass’n, Inc. v. Warner Commc’n Inc., 826 S.W.2d 638, 640
(Tex. App.—Houston [14th Dist.] 1992, no writ) (breach of contract requiring quarterly payments of percentage of
gross receipts from each of appellant’s subdivisions in which appellee was allowed to install cable television
equipment); Intermedics, Inc. v. Grady, 683 S.W.2d 842, 845–47 (Tex. App.—Houston [1st Dist.] 1984, writ ref’d
n.r.e.) (breach of agreement to provide employee with stock was not time-barred where employee brought suit
less than two years after demand was first unequivocally refused).
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