preserved for appellate review are meritorious. Provident Life & Accident Ins. Co. v. Knott, 128 S.W.3d 211, 215 (Tex.2003). Breach of Contract SES contends that the trial court erred in denying its summary judgment motion and granting the City’s motion because, at the least, a fact issue exists as to whether the City is liable under the contract. The City responds that SES’s breach of contract claim fails as a matter of law because its alleged breach did not cause damage to SES. 1) Applicable Law To prevail on a claim for breach of contract, the plaintiff must establish the following elements: (1) the existence of a valid contract; (2) performance or tendered performance by the plaint 0732-CV, 2003 WL 22945646, at *3 (Tex.App.-Houston [14th Dist.] Dec. 16, 2003, no pet.) (mem. op.) (<HOLDING>). Further, a party may not recover damages for
holding debtor could cure default partly because the bank held a recourse loan and therefore could recover against the original borrower personally holding the lender hable when after borrower defaulted the lender took control of borrowers finances determined which creditors were paid and loaned the borrower money for the purpose of paying employees on condition that none of the money be used to pay withholding taxes holding that where lender financed collected and retained one years premium on credit life insurance for borrower it assumed a contractual obligation to obtain credit life insurance for such borrower and to apply the amounts so received to credit life insurance and  it stood in a fiduciary capacity towards the borrower to see that the amount so charged collected and withheld were actually applied to obtaining and purchasing such insurance holding that alleged damage to borrower ie lack of leverage against builder was not foreseeable consequence of lenders purported breach of loan agreement because no contractual provision existed that lender should withhold monies to give borrower leverage holding lender might be held responsible for buyers alleged damages where facts indicated lenders active participation in the sale of the residence or the existence of a special relationship between the lender and the borrower