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Hazlewood v. Lafavers

A water well driller appeals an adverse judgment. One who prevents or makes impossible the performance of a condition precedent upon which his liability under a contract is made to depend cannot avail himself of its nonperformance. The trial court's judgment is affirmed. El Paso Court of Appeals, No. 08-11-00012-CV, 12-12-2012.

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OPINION

Travis Hazlewood ("Hazlewood" or "Appellant") appeals the judgment of the trial court following a bench trial in which the trial court entered a take-nothing judgment against Hazlewood and awarded damages and attorney’s fees to William Lafavers ("Lafavers" or "Appellee") against Hazlewood and third-party defendant, Sealy Four Company d/b/a Sweetwater Well Service ("Sealy").*fn1 Hazlewood brings five issues: (1) error in the trial court’s entering of judgment for Lafavers because Lafavers’ exclusion of Hazlewood from the well site prevented Hazlewood from either completing or plugging the well; (2) the great weight and preponderance of the evidence required the trial court to find that any damages suffered by Lafavers were caused by Lafavers’ exclusion of Hazlewood from the well site; (3) legal and factual insufficiency of the evidence that Hazlewood caused injury to Lafavers; (4) the trial court’s findings that Hazlewood suffered no damages as a result of Lafavers’ conduct and that Hazlewood is not entitled to recover damages from Lafavers is against the great weight and preponderance of the evidence; and (5) error in awarding attorney’s fees to Lafavers. Hazlewood also challenges thirty-three (33) of the trial court’s findings of fact.*fn2

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