Texas Supreme Court

Martha Jean Phillips, Petitioner v. Harry S. Phillips, Respondents

January 29, 1992820 S.W.2d 785

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the partnership agreement's provision for ten‑times damages is an unenforceable penalty and that the failure to plead penalty as an affirmative defense was not a waiver because the defense was apparent on the face of the pleadings.