Thornton v. AT & T Advertising, L.P.
390 S.W.3d 702
| Tex. App. | 2012Background
- Thornton appeals after a bench trial in a breach of contract suit brought by AT&T Advertising.
- AT&T sought damages and, in the alternative, quantum meruit for Yellow Pages advertising.
- Two AT&T contracts: 2008 Contract covering the 2008 Dallas Companion and Dallas Yellow Pages; 2009 Contract covering the 2009 directories.
- Thornton made partial payments toward the 2008 Contract but paid nothing toward the 2009 Contract.
- AT&T introduced four AT&T Advertising Contracts (two 2008, two 2009) with Thornton signatures on customer lines; Thornton did not testify and submitted an affidavit denying signing.
- The trial court found in favor of AT&T, awarding damages of $21,620.29 plus attorney’s fees; Thornton challenges the validity of the contracts, breach, and quantum meruit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Formation of a valid contract | Thornton argues no enforceable contract existed | Thornton contends documents show no offer/acceptance | Contracts valid; Thornton signed or consent inferred; breach found. |
| Breach of contract | AT&T asserts established contracts and Thornton breached by nonpayment | Thornton denies contract formation and breach | Record supports breach of both 2008 and 2009 contracts. |
| Quantum meruit | AT&T asserts entitlement under quantum meruit for advertised services | Thornton disputes recovery under quantum meruit | Not addressed on appeal; judgment affirmed on contract theories. |
Key Cases Cited
- MG Bldg. Materials, Ltd. v. Moses Lopez Custom Homes, 179 S.W.3d 51 (Tex.App.-San Antonio 2005) (evidence of acceptance and consent supports contract formation)
- Sharifi v. Steen Auto., LLC, 370 S.W.3d 126 (Tex.App.-Dallas 2012) (existence of a valid contract is required for breach)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex.2005) (no-evidence standard applied to review findings of fact)
- Provident Life & Acc. Ins. Co. v. Knott, 128 S.W.3d 211 (Tex.2003) (foundation for affirming on any meritorious theory)