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1464-EIGHT, LTD. v. JOPPICH

No. 03-0109.

154 S.W.3d 101 (2004)

1464-EIGHT, LTD. & Millis Management Corporation, Petitioners, v. Gail Ann JOPPICH, Respondent.

Supreme Court of Texas.

Decided December 31, 2004.

Attorney(s) appearing for the Case

Robert B. Gilbreath, Jenkens & Gilchrist, Dallas, Christopher M. Brown, Jenkens & Gilchrist, Houston, for Petitioner.

G.P. Matherne, Houston, for Respondent.

Justice SMITH delivered the opinion of the Court, in which Justice HECHT, Justice OWEN, Justice O'NEILL, Justice WAINWRIGHT, and Justice MEDINA joined.

STEVEN WAYNE SMITH, Justice.

The question presented is whether section 87(1)(a) of the Restatement (Second) of Contracts should be incorporated into the common law of Texas. See 3 Williston & Lord, A Treatise on the Law of Contracts § 7:23 (4th ed. 1992) ("As far as option contracts are concerned, the Restatement (Second) has taken the position, adopted by some common law courts, that a false recital of nominal consideration is sufficient to support...

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