S. C. Kilgore v. Northwest Texas Baptist Educational Association

Summary

The Texas Supreme Court held that a contractor’s future intention to abandon a contract, while he is already performing, does not permit the other party to treat the contract as abandoned, and that the jury charge omitting the requirement of an unconditional, promptly‑acted‑upon declaration was erroneous and material. Accordingly, the Court reversed the judgments of the district court and the Court of Civil Appeals and remanded the case.