PJC Business

PJC 101.2

C ONTRACTS

court’s instruction in Mustang Pipeline to have the jury determine which party breached first and thereby excuse performance by the other party. See Mustang Pipe line Co. , 134 S.W.3d at 200. The Committee recommends that any damages submission be predicated on a “Yes” answer to Question 1 or Question 2. The damages question should not be condi tioned on the answer to Question 3, which submits the defense of prior material breach in a case where there are contentions of material breaches by the opposing party and both parties seek to recover for breach of contract. National City Bank of Indiana v. Ortiz , 401 S.W.3d 867, 883 n.11 (Tex. App.—Houston [14th Dist.] 2013, pet. denied). For an instruction on materiality, see PJC 101.17.

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