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TRULY v. AUSTIN

No. C-6087.

744 S.W.2d 934 (1988)

Jack D. TRULY, Petitioner, v. James D. AUSTIN, et al., Respondents.

Supreme Court of Texas.

Rehearing Denied March 16, 1988.

Attorney(s) appearing for the Case

Seale, Stover, Coffield, Gatlin and Bisbey, Blair A. Bisbey, Jasper, for petitioner.

Golden and Gray, Joe Bob Golden, Jasper, Orgain, Bell and Tucker, Gary Neale Reger, Beaumont, for respondents.

SPEARS, Justice.

The issue in this case is whether a party who has breached an express contract may nevertheless recover under a theory of quantum meruit. Petitioner Jack Truly performed certain services as specified in a joint venture agreement. He later breached the joint venture agreement by refusing to assume personal liability for joint venture debts. Truly brought suit against Respondents James Austin and Gearld Clark...

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