Texas Supreme Court
Jack D. Truly, Petitioner v. James D. Austin, Respondents
February 17, 198831 Tex. Sup. Ct. J. 228
Summary
The Texas Supreme Court affirmed the Court of Appeals, holding that a party who breaches an express contract cannot recover under quantum meruit for services covered by that contract and that the plaintiff failed to preserve error by not seeking an accounting. Justice Kilgarlin concurred, emphasizing the preservation issue.