Westside Wrecker Service, Inc. v. Patricia Davis Skafi D/B/A Master Auto Body Shop and D/B/A North Loop Towing and Dwight Cannon D/B/A D.C. Wrecker, 361 S.W.3d 153

SAFEClear system divided Houston freeways into segments; Westside and Corporate Auto won segments 21–24 and 25–26 respectively; Cannon and Skafi were subcontractors to Westside and Corporate Auto.
Draft partnership among Westside, Corporate Auto, Cannon, and Skafi; no written partnership agreement; group pursued mutual business objectives for SAFEClear.
Rotation system implemented to service segments with equal potential revenue; each party paid one-fourth of bid price and related expenses; Messer hired as SAFEClear manager with $120,000 salary shared among parties.
Disputes arose over towing storage charges and reimbursements for free tows; Westside terminated Cannon, while Skafi and Cannon claimed Westside breached, and sought damages and accounting.
Jury found: (i) partnership existed and Westside breached duties; (ii) Skafi and Cannon were owed unpaid storage and towing fees; (iii) Westside liable for attorney’s fees.
Trial court disregarded the jury’s partnership and some damages findings, but awarded unpaid storage/towing fees and attorney’s fees to Skafi and Cannon; ultimately the appellate court reverses on substantial grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Damages without liability finding or SOF bar	Skafi/Cannon rely on jury damages tied to Westside’s agreement.	SOF bars enforceability of oral pay-for-storage/free-tow agreement; no liability finding remains.	Damages for storage/free-tows improper; SOF bars recovery.
Statute of Frauds applicability to partnership	TRPA/partnership could be formed by conduct; not barred.	No enforceable partnership; OR five-year term; statute applies.	Statute of Frauds bars enforcement; partnership not legally established.
Existence of a partnership	Totality of TRPA factors supported partnership; one factor enough under Ingram.	No partnership; profits, control, intent not shared; evidence legally insufficient.	No legally sufficient evidence of partnership; trial court properly disregarded partnership findings.
Attorney’s fees	Prevailing party entitled to fees if breach exists.	No breach of contract damages; no prevailing party for contract claims; fee award improper.	Attorney’s fees not recoverable; sustained.

Exxon Corp. v. Emerald Oil & Gas Co., L.C., 348 S.W.3d 194 (Tex. 2011) (legal sufficiency standard for challenged jury findings)
City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (clear standards for legal sufficiency review)
Ingram v. Deere, 288 S.W.3d 886 (Tex. 2009) (TRPA factors; totality-of-the-circumstances test for partnership)
Gilliam v. Kouchoucos, 340 S.W.2d 27 (Tex. 1960) (statute of frauds and performance timing)
SBC Operations, Inc. v. Bus. Equation, Inc., 75 S.W.3d 462 (Tex. App.—San Antonio 2001) (contract duration within statute of frauds)
Collins v. Allied Pharmacy Mgmt., Inc., 871 S.W.2d 929 (Tex. App.—Houston [14th Dist.] 1994) (statute of frauds and multi-year agreements)
Mann v. NCNB Texas Nat'l Bank, 854 S.W.2d 664 (Tex. App.—Dallas 1992) (statute-of-frauds analysis for longer-term contracts)
Guffey v. Utex Exploration Co., 376 S.W.2d 1 (Tex. Civ. App.—San Antonio 1964) (statute of frauds applicability to long-term contracts)
Clear Lake City Water Authority v. Clear Lake Utilities Co., 549 S.W.2d 385 (Tex. 1977) (indefinite/duration contract termination rights; not controlling here)
Hoss v. Alardin, 338 S.W.3d 635 (Tex. App.—Dallas 2011) (evidence of partnership expressions; binding findings)
Tony Gullo Motors I, L.P. v. Chapa, 212 S.W.3d 299 (Tex. 2006) (exemplary damages limitations in breach of contract)