Texas Agriculture Code 52.131 – Breach or Threatened Breach of Marketing Contract
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(a) If a member breaches or threatens to breach a marketing contract, the marketing association may sue and, if successful, is entitled to:
(1) an injunction to prevent further breach of the contract; and
(2) a decree of specific performance of the contract.
(b) Pending the adjudication of an action filed under Subsection (a) of this section, the association is entitled to a temporary restraining order and preliminary injunction against the member if the association files:
(1) a verified complaint showing the breach or threatened breach; and
(2) sufficient bond.
Terms Used In Texas Agriculture Code 52.131
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.