Bullard et al v. Day et al, No. 4:2014cv00604 - Document 94 (N.D. Tex. 2014)
Court Description: Memorandum Opinion and Order denying 56 Motion for Partial Summary Judgment filed by Patricia Bullard, Wubbers, LLC. (Ordered by Judge John McBryde on 11/25/2014) (mdf)
Download PDF
<![CDATA[
Bullard et al v. Day et al Doc. 94 u.s. 6"iST'='~CTCOtT~ NORTHERN DISTRICT OF TEXAS FILED IN THE UNITED STATES DISTRI T COU~,T-~--~~~--~ NORTHERN DISTRICT OF TE AS FORT WORTH DIVISION l?ATRICIA BULLARD, ET AL., § CLERK, U.S. DISTRICT COURT By _ _--;: § Plaintiffs, _ _____- § § § VS. _ __ I)....:Cp~ll~ry:... I _ ----' NO. 4:14-CV-604-A § ALEC DAY, ET AL., § § Defendants. § MEMORANDUM OPINION and ORDER , Came on for consideration in the above-captioned action the motion for partial summary judgment filed by plaintiffs, Patricia Bullard, and Wubbers, LLC. Defendants, Alec Day, Home Jewelry Business, LLC, and ARB 1521, LLC., filed response to plaintiffs' motion. Having now considered all of the parties' fili~gs, the entire summary jUdgment record, and the applicable legai authorities, the court concludes that the motion for summary jUdgment should be denied. Plaintiffs seek summary jUdgment as to a portion of count one of their claim for breach of contract, insofar as they allege defendants have failed to pay the remaining $20,000 of 1he purchase price under the Asset Purchase Agreement ("APA'l)' While ! it is uncontested that defendants have paid all but $20,!000 of the purchase price under the APA, defendants argue that they were Dockets.Justia.com excused from performance, because plaintiffs breached the agreement first. Plaintiffs have not established that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law as to the breach of agreement claim to which this motion is directed. burden. Thus they have failed to carry their Rule 56 For this reason, plaintiffs' motion for partial! summary i judgment should be denied. Therefore, The court ORDERS that plaintiffs' motion for partial summary jUdgment be, and is hereby, denied. SIGNED November 25, 2014. McBRYD /nited States ~JOHN 2 Judge
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
