HOUSTON MED. TESTING SERVS. v. MINTZER

Nos. 14-12-00506-CV, 14-12-00524-CV.

417 S.W.3d 691 (2013)

HOUSTON MEDICAL TESTING SERVICES, INC., Appellant v. Rand MINTZER, Appellee. Rand Mintzer, Appellant v. Houston Medical Testing Services, Inc., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

November 14, 2013.


Attorney(s) appearing for the Case

Dawn Renee Meade, Houston, for Houston Medical Testing Services, Inc.

Luis Alberto Fabrega Jr., Houston, for Rand Mintzer.

Panel consists of Chief Justice FROST and Justices BOYCE and BUSBY.


OPINION

J. BRETT BUSBY, Justice.

Appellant/cross-appellee Houston Medical Testing Services, Inc. (the Service) sued Rand Mintzer seeking recovery under theories of quantum meruit and contract. The jury found that the parties had a contract and that Mintzer did not "fail to comply with [it]," but awarded the Service damages in quantum meruit. The trial court signed a judgment on the verdict. Because the existence of a contract bars recovery in quantum meruit...

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