Mistletoe Express Service v. Locke
Court of Appeals of Texas, Texarkana
762 S.W.2d 637 (1988)
Phyllis Locke (plaintiff) entered into a contract with Mistletoe Express Service (Mistletoe) (defendantf) whereby she would provide pickup and delivery service. Locke expended money in order to perform under the contract, including purchasing two vehicles, building a ramp, dirt work, and other startup expenses. She took out a loan to cover some of these expenses. During the contract, Locke never made a profit, though she lost less each month. Thereafter, Mistletoe canceled the contract. Locke closed the business and sold the vehicles at a loss. She testified at trial that she could get some money for the ramp, but she considered the dirt work a total loss. She still owed on the loan and had paid some interest. The jury awarded Locke $19,400 in damages and judgment was entered in that amount, plus pre-judgment interest and $2,000 in attorney’s fees. Mistletoe appealed to the Court of Appeals of Texas.
Rule of Law
Holding and Reasoning (Cornelius, C.J.)
Concurrence (Grant, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.