Originally Posted by
KARFA
But what I am getting at is, is it an opinion based in some law or case law?
We can all have an opinion on this one, and I agree my notion of fairness would suggest the OP should be able to do this. But my notion of fairness won't get the OP very far in any claim they bring when they have to cite a legal basis for it. A situation can seem grossly unfair, but it doesn't necessarily mean that there is a legal claim with good basis that can be brought to remedy the situation.
Small Claims, case law? Again I’m not sure about Texan specific legal procedure but I am sure not all small claims courts operate on stare decisis principles.
Make whole for unilateral contract breach in common law jurisdictions have been discussed above. IANAL, and I daresay you’re not a Texan attorney at law either but not just me has said this is the general expectation unless other specific principles and requirements apply.