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.
"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
agreement).
SOURCE: HOUSTON COURT OF APPEALS -
14-12-00088-CV – 3/14/2013
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