Commercial Structures and Interiors, Inc. v. Liberty Educ. Ministries, Inc – Case Brief Summary (Texas)

In Commercial Structures and Interiors, Inc. v. Liberty Educ. Ministries, Inc., 192 S.W.3d 827, 829 (Tex. App.--Fort Worth 2006, no pet.), the Court held that the Agreement evidenced an intent to assign CSI's accounts receivable to Northstar but that the summary judgment record did not demonstrate that the assignment of CSI's accounts receivable was ever consummated. 192 S.W.3d at 834.

In addition to the plain language of the Agreement, the court arrived at this conclusion primarily by observing that the portion of the Agreement entitled "Conveyance Documents" required the West entities to deliver a notice letter to CSI's account debtors evidencing the CSI accounts receivable "conveyance," and the court stated in a footnote immediately following this observation that "the Agreement states that the form of the letter is attached as Schedule F, but the copy of the Agreement in the record does not contain such an exhibit or letter form as an attachment." Id.

Thus, there was no evidence that CSI had completed the assignment of its accounts receivable to Northstar.