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American Technical Resources8/28/2001
ing practices were those agreed to in the contract. Additionally, the evidence presented by NSSI does not establish that NSSI and ATR had not agreed to the billing arrangement whereby ATR would get a net billing of $5.00 per hour per individual billed. Accordingly, we conclude the evidence is legally and factually sufficient to support the finding that ATR was entitled to charge as it did and did not breach the contract by overbilling. We overrule NSSI's first cross-issue.
Damages
NSSI contends in its final cross-issue that the evidence is legally and factually insufficient to support the damage award in an amount less than entitled as a matter of law. NSSI argues it was entitled to recover $200,000.00 in damages rather than the $101, 636.99 in damages awarded. The basic measure of actual damages in an action for tortious interference with a contract is the same as the measure of damages for breach of the contract at issue. Am. Nat'l Petroleum Co. v. Transcon. Gas Pipe Line Corp., 798 S.W.2d 274, 278 (Tex. 1990) (citations omitted). In assessing actual damages, an attempt should be made to put the plaintiff in the same economic position he would have been in had the contract not been breached. ACS Investors, 913 S.W.2.d at 678.
Although NSSI asserts that it is entitled to what it would have received had it been able to perform the contract with MCI directly, rather than the amount retained by ATR, there is little, if any, evidence in the record underlying NSSI's contention. NSSI presented evidence as to the amount MCI invoiced ATR for employees provided by Techniki from January 1997, through November 1999. However, there was no evidence of the terms of the contract between MCI and NSSI.
Moreover, NSSI's evidence on damages assumes that they would have retained primary vendor status with MCI for 1998 and 1999. We conclude there is sufficient evidence to support the trial court's award of damages in the amount of $101, 636.99. We overrule NSSI's second cross-issue.
We reverse the trial court's award of prejudgment interest and remand for calculation of prejudgment interest beginning at the filing of suit and continuing until judgment.
We affirm the trial court's judgment in all other respects.
Do Not Publish Tex. R. App. P. 47
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