Texas Pre-Judgment Interest Cases
In Texas, pre-judgment interest is available pursuant to two sources of authority - a statutory provision, or equitable common law principles. Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 530-32, 41 Tex. Sup. Ct. J. 268 (Tex. 1998).
Pre-judgment interest is provided by statute in four types of cases: wrongful death, personal injury, property damage, and condemnation cases. See TEX. FIN. CODE ANN. 304.102, .201 (Vernon Supp. 2004-05).
Because pre-judgment interest in a breach of contract case is not provided for by statute, any award of pre-judgment interest in a breach of contract case is governed by common law principles. See Johnson & Higgins, Inc., 962 S.W.2d at 530.