Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Saturday, September 5, 2009

Quantum Meruit: What is required to prevail with a quantum meruit claim?


To recover on a claim for quantum meruit, a plaintiff must show (1) he rendered valuable services, (2) for the defendant, (3) the defendant accepted his services, and (4) he rendered the services under circumstances as would reasonably notify the defendant that he expected to be paid. Johnston v. Kruse, 261 S.W.3d 895, 901 (Tex. App.-Dallas 2008, no pet.).

SOURCE: DALLAS COURT OF APPEALS - 05-07-01407-CV (evidence tends to show that Plaintiff did not expect to be paid for his services and expenditures on materials in cohabitation context)

To prove quantum meruit against [Defendant] Miller, [Plaintiff] Langhorne had to show (1) he rendered valuable services or furnished materials; (2) for Miller; (3) which services and materials Miller accepted, used, and enjoyed; (4) under such circumstances as reasonably notified Miller that Langhorne, in performing such services, was expecting Miller to pay him. See Wohlfahrt v. Holloway, 172 S.W.3d 630, 634 (Tex. App.—Houston [14th Dist.] 2005, pet. denied).

SOURCE: Langhorne v. Miller (Tex.App.- Houston [14th Dist.] Aug. 4, 2009)(Seymore) (conversion of aircraft, proof of conversion damages, market value, owner may testify, quantum meruit claim fails)