Confusing Waters & Amorphous Doctrines

Today while researching an issue concerning premarital agreements, I happened upon and was amused by the following concurrence in Hunter v. Clark, 687 S.W.2d 811 (Tex.App.—San Antonio 1985, no writ) penned by former Chief Justice of the 4th District Court of Appeals Carlos Cadena (1917-2001) which states, in its entirety: “I concur in the result.  The case involves only the interpretation of a written contract.  I see no reason to embark on an excursion leading us into the confusing waters engulfing the amorphous doctrine of waiver.”

But what an interesting excursion it could be.


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