Dennis L. Miga, Petitioner v. Ronald L. Jensen, Respondent

Summary

The Texas Supreme Court held that Jensen's payment of the judgment did not moot his appeal, affirmed that the error on damages was preserved, and reversed the appellate court’s award of lost‑profits damages, directing that contract damages be measured by the stock’s value at the time of breach plus simple pre‑judgment interest and statutory post‑judgment interest. The Court remanded for calculation of interest and entry of judgment. Justice O’Neill and Justice Schneider dissented, arguing the payment mooted the appeal and that the damage measure should reflect the stock’s post‑breach appreciation.