Thornton v. Dobbs
2011 Tex. App. LEXIS 5870
| Tex. App. | 2011Background
- Dobbs, Jeanna Thornton’s mother, lived in the Thorntons’ guest house and financed remodeling of the guest house.
- The Thorntons planned additional guest house improvements and Dodds agreed to pay; approvals were obtained from HOA and city planning.
- Dobbs filed a plea in intervention in the Thorntons’ divorce, claiming an oral agreement to reimburse her for improvements and damages totaling about $113,315.
- Bench trial occurred August–September 2009; the final divorce decree and a separate judgment awarded Dobbs $113,000 against Stacey and Jeanna jointly and severally.
- The court upheld breach of an oral contract claim, declining to reach quantum meruit and unjust enrichment theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of an oral contract to reimburse Dobbs | Dobbs contends there was a reimbursement promise by Thorntons. | Thornton denies any such offer or obligation. | Evidence supports existence of oral contract. |
| Formation elements: offer, acceptance, meeting of minds, consideration | Dobbs proves offer and mutual assent; Dobbs performed. | Thornton lacked a binding offer/consideration. | Elements proven; contract binding. |
| Condition precedent of moving out | Dobbs moved out only after agreement; performance satisfied. | Dobbs remained in guest house; condition unmet. | Condition precedent effectively satisfied; no bar to reimbursement. |
| Legal sufficiency of breach of oral contract | Evidence shows breach of promise to reimburse. | Evidence insufficient to prove breach. | Legal sufficiency established; breach proved. |
| Remand to consider quantum meruit/unjust enrichment | If contract upheld, quantum meruit/unjust enrichment are alternative theories. | Not necessary to consider alternatives if contract exists. | Not reached; judgment sustained on breach of contract. |
Key Cases Cited
- Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003) (evidence sufficiency standard; weight of the evidence review)
- Croucher v. Croucher, 660 S.W.2d 55 (Tex. 1983) (when reviewing adverse findings, require no evidence to support)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standards for reviewing factual sufficiency; zone of reasonable disagreement)
- Formosa Plastics Corp. USA v. Presidio Eng’rs & Contractors, Inc., 960 S.W.2d 41 (Tex. 1998) (legal sufficiency when more than scintilla evidence to support)
- King Ranch, Inc. v. Chapman, 118 S.W.3d 742 (Tex. 2003) (more than a scintilla; evidence supports civil findings)
- Pulley v. Milberger, 198 S.W.3d 418 (Tex.App.—Dallas 2006) (standard for reviewing trial court findings in bench trials)