Legal Blog ("Blawg")
on Causes of Action and
Affirmative Defenses in Texas --
with Caselaw Snippets from Recent Court of Appeals Opinions, and Occasional Commentary on Decisions
Texas Causes of Action & Affirmative Defenses
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Thursday, March 21, 2013
Whatever the contract says will likely be what matters
But I thought ... bla, bla.
But it was my understanding ... yada, yada...
Express contract controls over implied
contract claim and claim that terms were orally modified where express contract
contained integration clause and barred parol evidence inconsistent with the
terms stated in the written (fee) agreement.
EXPRESS CONTRACT TAKES PRECEDENCE
"If the parties have expressly
stated the terms of their agreement, they have created an express contract and are
bound by it to the exclusion of conflicting implied terms." Malallah v. Noble Logistic Servs., Inc.,
No. 14-08-01030-CV, 2010 WL 343487, at *2, (Tex. App.-Houston [14th Dist.] Feb.
2, 2010, pet. denied) (quoting Emmer v.
Phillips Petroleum Co., 668 S.W.2d 487, 490 (Tex. App.-Amarillo 1994, no
writ)) (internal quotation marks omitted); see
also David J. Sacks, P.C. v. Haden, 266 S.W.3d 447, 450 (Tex. 2008) (per
curiam) (declining to hold that a written attorney-fee agreement which
specified only hourly rates may be modified by evidence of an oral capping
SOURCE: HOUSTON COURT OF APPEALS -
14-12-00088-CV – 3/14/2013