Texas Supreme Court, 1984

B.J. Valve & Fitting Co. v. Elliott Valve Repair Co.

Texas Supreme Court · Decided October 31, 1984 · No. C-3371 · Per Curiam

679 S.W.2d 1; 28 Tex. Sup. Ct. J. 70; 1984 Tex. LEXIS 412 (South Western Reporter, Second Series)

Cases that cite this one

23 later published cases cite this decision.

in the Interest of A.G. and F.G., Children (Tex. App. 2015)
in the Interest of S. R.- M. C. (Tex. App. 2015)
in the Interest of K.I.B.C., a Child (Tex. App. 2015)
Lainie Whitmire and Ray Whitmire v. National Cutting Horse Association (Tex. App. 2012)
Lainie Whitmire and Ray Whitmire v. National Cutting Horse Association (Tex. App. 2012)
Reliant Energy Services, Inc. v. Cotton Valley Compression, L.L.C. (Tex. App. 2011)
Lainie Whitmire v. National Cutting Horse Association (Tex. App. 2009)
Lainie Whitmire v. National Cutting Horse Association (Tex. App. 2009)
Lainie Whitmire v. National Cutting Horse Association (Tex. App. 2009)
Paul B. Bain v. Jeanette C. Bain and Citibank (South Dakota) N.A. (Tex. App. 2007)
Paul B. Bain v. Jeanette C. Bain and Citibank (South Dakota) N.A. (Tex. App. 2007)
In re CS (Tex. App. 2006)
in the Matter of C.S. (Tex. App. 2006)
Xuxian Niu v. Revcor Molded Products Company and Rob Knight (Tex. App. 2006)
In re C.S. (Tex. App. 2006)
La Strada-San Felipe, LTD. v. ATW Plumbing Services, Inc. (Tex. App. 2004)
In re DT (Tex. App. 2001)
John Dean v. Max L. Gouverne and Ramakrishna Mulukutla (Tex. App. 2001)
In the Interest of D.T. (Tex. App. 2000)
$19,070.00 v. State (Tex. App. 1994)
Estate of Ortiz, in Re (Tex. App. 1991)
Austin Ranch Enterprises, Inc. v. Wells (Tex. App. 1988)
City of Arlington v. Wayland (Tex. App. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Petitioner, B.J. Valve & Fitting Company, sued Elliott Valve Repair Company to recover damages for breach of an oral contract. After a non-jury trial, the trial court rendered judgment for B.J. Valve. The court of appeals reversed the judgment of the trial court and rendered judgment for Elliott based upon its conclusion that the evidence adduced at trial was insufficient to support the judgment. 675 S.W.2d 555.

The court of appeals’ decision is in conflict with Glover v. Texas General Indemnity Company, 619 S.W.2d 400 (Tex. 1981) and many other supreme court cases which hold that a court of appeals must remand a cause for new trial if it sustains an “insufficient evidence” point. Accordingly, we grant petitioner’s application for writ of error and without hearing argument, we reverse the judgment of the court of appeals and remand this cause to the trial court for further proceedings. Tex.R. Civ.P. 483.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.