Eri Consulting Engineers, Inc. and Larry G. Snodgrass, Petitioners v. J. Mark Swinnea, Brady Environmental, Inc…

Summary

The Court held that a fiduciary who fraudulently induces a partner to enter a buyout agreement may be required to forfeit contractual consideration, even without proof of actual damages, subject to equitable factors that ensure the remedy fits the circumstances. It also held that evidence of a lease obligation as additional buyout consideration was admissible under the consistent-collateral-agreement exception to the parol evidence rule, and that some but not the full amount of lost profits was supported by legally sufficient evidence. The Court affirmed the take-nothing judgment on the conspiracy claims against Brady Environmental but otherwise reversed and remanded for further proceedings.