law-implied-vs-express-contract | | meeting of the minds on specific terms and conditions | definiteness of agreed-
upon contractual terms | restrictive indorsement on check | ratification by conduct, acceptance of benefits
| defenses to breach of contract claims |
IMPLIED CONTRACT CITES FROM OTHER COURTS: Preston Farm & Ranch Supply, Inc. v. Bio-Zyme Enters.,
625 S.W.2d 295, 298 (Tex. 1981) (discussing implied contracts by conduct); Live Oak Ins. Agency v. Shoemake,
115 S.W.3d 215, 218-19 (Tex. App.-Corpus Christi 2003, no pet.) (same)
QUASI CONTRACT / CONTRACT IMPLIED IN LAW
“A contract implied in law, or a quasi-contract, is distinguishable from a true contract because a quasi-contract is
a legal fiction, an obligation imposed by law regardless of any actual agreement between the parties.” Fraud-
Tech, Inc. v. Choicepoint, Inc., 102 S.W.3d 366, 386 (Tex. App.—Fort Worth 2003, pet. ref’d); see Fortune Prod.
Co. v. Conoco, Inc., 52 S.W.3d 671, 684 (Tex. 2000).
Underwood Graves v. Logan (Tex.App.- Houston [1st Dist.] Jan. 28 2010)(Bland)
(real estate transactions, failure to promptly provide pay-off amount for real estate loan not actionable)
(failure to prove existence of contractual obligation to provide pay-off statement, no quasi contract, earnest
money contract deadline missed, no closing)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Bland
Before Justices Taft, Bland and Sharp
01-08-00359-CV Deborah H. Underwood Graves v. Nancy D. Logan
Appeal from 212th District Court of Galveston County
Trial Court Judge: Hon. Susan Elizabeth Criss
EXPRESS CONTRACT PRECLUDES QUASI CONTRACT
“[i]f the parties have expressly stated the terms of their agreement, they have created an express contract and
are bound by it to the exclusion of conflicting implied terms." Emmer v. Phillips Petroleum Co., 668 S.W.2d 487,
490 (Tex. App.-Amarillo 1984, no writ).
TEXAS CAUSES OF ACTION ELEMENTS | HOUSTON CASE LAW | HOUSTON COURTS OF APPEALS |
TEXAS COURT OF APPEALS OPINIONS
HOUSTON OPINIONS HOME PAGE