![]() The written agreement that governed the parties' rights and obligations and termination of those rights and obligations was composed of two parts. It is undisputed that the language of the contract between Geodominion and Boone required thirty days written notice of the intent to terminate. We disagree and are not persuaded by Geodominion's reliance on W.G. It also asserts that because this is an "at-will" contractual relationship, it can be terminated at any time by either party and one party may, at any time, offer the other party a choice to agree to modify the contract or to end the relationship. Geodominion argues that the November 30 letter gave Boone notice of termination when it suggested that Geodominion would only continue its relationship with Boone if Boone agreed to modify the contract. In its first issue, Geodominion contends that, as a matter of law, it terminated the contract through a Novemletter to Boone, and because it terminated the agreement, no lost profits should have been awarded to Boone. Geodominion filed a motion to disregard which the trial court denied and a motion for new trial which was overruled by operation of law. The jury awarded Boone $320,000 for work performed and $473,344 for lost profits. The jury also found that Boone did not fail to comply with the contract. At the close of evidence, the trial court denied Geodominion's request for the submission of a jury question that asked whether Geodominion had given "written notice of termination of the Agreements in the Novemletter." The jury found that Boone and Geodominion agreed to the terms in the contract and that Geodominion failed to comply with the contract, without excuse. ![]() Trial on the remaining claims, including breach of contract, quantum meruit, promissory estoppel, and breach of warranty, was to a jury. According to Geodominion, the landowner claims remain pending in the severed suit. Thus, Timeslice is not a party to this appeal.Īlso, prior to trial, the trial court severed claims by which Geodominion sought to recover from Boone certain damages Geodominion had paid to various landowners whose properties were involved in the shoot. And, during trial, Geodominion and Timeslice settled with each other. However, prior to trial, the court rendered summary judgment that Boone take nothing against Timeslice on Boone's breach of contract claim. ![]() Geodominion also filed a cross-action against Timeslice. Timeslice took bids from various seismic contractors, including Boone. (Timeslice), a company hired by Geodominion to design, coordinate, and manage a seismic survey. The trial court granted Boone an interlocutory summary judgment and dismissed Geodominion's negligence and DTPA claims.īoone also sued Timeslice Technology, Inc. Prior to trial, Boone moved for partial summary judgment on Geodominion's negligence and DTPA counterclaims urging, among other things, that the DTPA claim fell within the "large transactions" exemption, an affirmative defense Boone had pleaded. In response, Geodominion filed a counterclaim alleging breach of contract, negligence, violations of the DTPA, and breach of warranty. Boone's theories of recovery included breach of contract, promissory estoppel, and quantum meruit. We affirm.īoone brought suit against Geodominion seeking to recover payment for work performed on the shoot and claiming lost profits for not being allowed to finish the shoot. By a third issue, Geodominion contends that the trial court erred in granting summary judgment dismissing its counterclaim under the Texas Deceptive Trade Practices Act (DTPA). By two issues, Geodominion asserts that it terminated the contract upon which Boone sued and, thus, the jury should have awarded no lost profits. The dispute arose out of a three-dimensional seismic survey (the shoot) on the North Vienna Prospect in Lavaca County, Texas. and Geodominion Petroleum, a Texas General Partnership (Geodominion), entities involved in exploring for oil and gas in South Texas, and appellee, Boone Exploration, Inc. This is a contract dispute between appellants, Geodominion Petroleum, Inc.
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