Dixie Glass Co. v. Pollack

341 S.W.2d 530 (1960)

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Dixie Glass Co. v. Pollack

Texas Civil Court of Appeals
341 S.W.2d 530 (1960)

SC

Facts

In 1953, Pollack (plaintiff) and Dixie Glass Company (defendant) signed a five-year contract, pursuant to which Pollack would serve as Dixie’s comptroller. Pollack also had the option to renew the contract for three additional five-year terms. In 1955, Dixie fired Pollack without good cause. Pollack sued Dixie for breach of contract. The trial court awarded damages based on the economic harm Pollack suffered up until the time of trial. The trial court also awarded anticipatory damages from the time of the trial until the end of the contract term, including the option terms. Specifically, the trial court found that Pollack would earn $156,000 over the three five-year option periods, but that he could earn $78,000 from other employment over that time. Thus, the trial court awarded $78,000 ($156,000 - $78,000) in anticipatory damages. Dixie appealed.

Rule of Law

Issue

Holding and Reasoning (Bell, C.J.)

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