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The right running footer in a contract can defeat claims of missing pages

Putting “page 2 of 4” in the running footer of a contract can defeat a party’s claim that it was not given all the pages. The Texas Supreme Court recently ruled that such a footer would have put a party on notice that it was (allegedly) missing a page containing a forum-selection clause that the party complained it was not specifically shown. See In re International Profit Associates, Inc., No. 08-0531, slip op. at 4 (Tex. Jun. 12, 2009) (per curiam, reversing conditionally granting mandamus petition; district court abused its discretion in requiring party seeking to enforce forum-selection clause to prove that it had provided that clause to other party).

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