Mitchell v. Brandon CA2/8
After defendant David Brandon purchased an apartment building (the Memorial Trails property) in Texas from No Mas Tomas, LLC, he defaulted on a promissory note he owed the LLC for part of the purchase price (the seller financing addendum). Plaintiff Thomas Mitchell, a principal of the LLC, sued defendant in his individual capacity for breach of contract, seeking contract damages of $253,974.99, and on common counts.
Following a court trial on stipulated facts, the court found for defendant, reasoning that plaintiff lacked standing because the contract was between defendant and the LLC, and there was no proof the LLC had assigned its rights to plaintiff. Plaintiff appeals, arguing the trial court erred by not issuing a statement of decision, and by finding the money was not owed to him. We affirm.
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