Wheel Technologies, Inc. v. Edgar Gonzalez
05-16-00068-CV
| Tex. App. | Feb 8, 2017Background
- Edgar Gonzalez (supplier) sued Wheel Technologies, Inc. (WTI) for suit on sworn account, breach of oral contract, and quantum meruit; after a bench trial the court awarded Gonzalez damages, attorney’s fees, and costs.
- Dispute turned on whether Gonzalez delivered tires/wheels to WTI and WTI failed to pay; Gonzalez kept his own accounting and emails; WTI’s internal records were incomplete due to a computer crash.
- Gonzalez testified deliveries often occurred after hours without immediate checks or purchase orders; he emailed balance updates and attached his accounting showing an outstanding balance.
- WTI’s president, Danny Blaser, testified WTI requires purchase orders for received inventory and that WTI’s records contained no purchase orders for the disputed items, but admitted a systems crash erased months of records.
- The trial court admitted Gonzalez’s accounting (WTI did not object) and, as factfinder, credited Gonzalez’s testimony, entering judgment for $31,103.01 plus fees and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports a suit on sworn account (i.e., sale and delivery) | Gonzalez argued his accounting, testimony, and emails prove deliveries and amount due | WTI argued there was no evidence goods were delivered because no WTI purchase orders/records show receipt | Court implied findings for delivery and concluded more than a scintilla of evidence supported the judgment; verdict affirmed |
Key Cases Cited
- BMC Software Belgium, N.V. v. Marchand, 83 S.W.3d 789 (Tex. 2002) (when no findings requested, court’s findings may be implied; legal-sufficiency review of implied findings available if reporter and clerk records included)
- Formosa Plastics Corp. USA v. Presidio Eng’rs & Contractors, Inc., 960 S.W.2d 41 (Tex. 1998) (legal-sufficiency standard: more than a scintilla required)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (appellate review defers to factfinder within the zone of reasonable disagreement and addresses credibility)
- Fulgham v. Fischer, 349 S.W.3d 153 (Tex. App.—Dallas 2011) (bench trial: trial court is sole judge of witness credibility)
- Hassler v. Tex. Gypsum Co., 525 S.W.2d 53 (Tex. App.—Dallas 1975) (requirements for a sworn account to show nature, date, and charge of each item)
- Valley Steel Prods. Co. v. Howell, 775 S.W.2d 34 (Tex. App.—Houston [1st Dist.] 1989) (invoices and documents can supply more than a scintilla that goods were delivered)