Terry Randall v. Herbert J. Walker D/B/A Walker Water Well And Walker Water Well Services, LLC
03-15-00317-CV
| Tex. App. | Sep 29, 2015Background
- Jury awarded Randall for breach of an oral contract to drill three wells in exchange for Randall's drilling rig (title transferred as payment).
- Walker drilled three wells using Randall's rig; wells allegedly produced substandard water and did not reach 250 feet.
- Randall paid expenses; drilling rig valued at about $80,000 was transferred to Walker as payment.
- Trial court granted JNOV for Walker, taking away Randall's verdict.
- Appellate court reverses and renders judgment for Randall: $42,500 damages and $30,845 in attorney's fees, with other costs.
- Procedural posture centers on sufficiency of evidence supporting an oral contract and its terms; post-trial motions debated but Walker did not file post-trial motions affecting outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence and terms of the oral contract | Randall showed offer, acceptance, and terms. | No meeting of the minds; terms uncertain. | Sufficient evidence; question one should not be disregarded. |
| Breach by Walker | Walker failed to fulfill drilling and water quality terms. | No breach proven; terms were not established. | Evidence supports breach; court erred in disregarding question two. |
| Damages | Damages equal value of rig plus expenses; $89,596.06. | Damages not proved or within pleadings; disputed values. | Damages supported; the trial court's JNOV was improper; render $42,500 (or maintain within evidence). |
| Attorney's fees | Attorney's fees were reasonable and necessary. | Insufficient evidence to support fees. | Fees established as a matter of law; jury award sustainable. |
| Judicial admissions/quasi-admissions (raised in briefing) | Judicial admission issues not properly preserved. | Admissions used to undermine findings. | Trial court erred in relying on admissions;affirmance of findings overall required. |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (legal sufficiency standards for reviewing findings; standard of review)
- Palestine Water Well Servs., Inc. v. Vance Sand & Rock, Inc., 188 S.W.3d 321 (Tex. App.-Tyler 2006) (formation of a contract with oral terms; backing up with partial performance)
- Regal Fin. Co., Ltd. v. Tex Star Motors, Inc., 355 S.W.3d 595 (Tex. 2012) (measuring contract formation and obligations; credibility considerations)
- Palestine Water Well Servs. v. Vance Sand & Rock, Inc., 188 S.W.3d 324 (Tex. App.-Tyler 2006) (damages range and sufficiency of evidence for breach damages)
- Maritime Overseas Corp. v. Ellis, 971 S.W.2d 402 (Tex. 1998) (fact-finder credibility and standard for reviewing evidence)