Don K. Hanks, D/b/a Hanks Claims Service, Petitioner v. Gab Business Services, Inc., Respondent

Summary

The Texas Supreme Court reversed the trial court and Court of Appeals, holding that Hanks' breach of the non‑competition covenant did not excuse GAB's obligation to pay the final installment because the covenant is an independent promise and GAB waived its excuse remedy by treating the contract as continuing. Judgment was entered for Hanks with an offset for the jury‑awarded damages and prejudgment interest, and no attorneys' fees were awarded.