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| Nov 13, 2020 | Firm News |

Did an entity or individual agree to hire you for a job but later then refused to pay for the services provided? If yes, you may have a breach of contract claim and be able to bring a suit on a sworn account.

What is a suit on a sworn account?

A suit on a sworn account involves a situation when the plaintiff a claimant (1) sold goods or furnished services to defendant; (2) the prices charged were just and true because they were: (A) according to the terms of the contract; or (B) the usual customary, and reasonable prices, if there was no contract; (3) their exists a systematic record of the transaction; (4) all lawful offsets, payments and credits have been applied to the account; (5) the account remains unpaid; (6) the damages are liquidated; and (7) the plaintiff filed the petition under oath.

To be entitled to a judgment on a claim for breach of contract, you must prove the following:

(1)        there is a valid, enforceable contract;

(2)        Plaintiff performed or tendered performance;

(3)        Defendant breached the contract; and

(4)        Defendant’s breach caused plaintiff’s injury.

Contact us if you are entitled to a breach of contract claim.

What if there is no written contract? You may have what is called a Quantum Meruit claim. In the alternative to any other cause of action, a plaintiff can seek to recover damages from a defendant under a theory of quantum meruit. To be entitled to a judgment on a claim for quantum meruit. Plaintiff must prove the following:

(1)        Plaintiff provided valuable labor and/or materials for the defendant;

(2)        Defendant accepted the valuable labor and/or materials provided by plaintiff; and

(3)        Defendant had reasonable notice that Plaintiff expected compensation for the labor and/or materials.

Heldenfels Bros. v. City of Corpus Christi, 832 S.W.3d 39, 41 (Tex. 1992).

In the alternative to any other cause of action including Quantum Meruit, a plaintiff can seek to recover damages under a theory of promissory estoppel. To be entitled to a judgment on a claim for promissory estoppel, a plaintiff must prove the following:

(1)        Defendant made a promise to plaintiff;

(2)        Plaintiff reasonably and substantially relied on the promise to its detriment;

(3)        Plaintiff’s reliance was foreseeable by defendant; and

(4)        Injustice can only be avoided by enforcing defendant’s promise.

See Stanley v. CitiFinancial Mortg. Co., 121 S.W.3d 811, 820 (Tex. App. – Beaumont 2003, pet. denied).

If someone owes you money for materials or services, hire a collection lawyer. Do not hesitate to contact us at The Weaver Law Firm so that we can properly advise you on how to proceed. Our attorneys welcome you to contact us at 713-572-4900.

 

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