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. The Court emphasized that equity requires clean hands and that Truly's breach precludes recovery, noting that an accounting, not quantum meruit, is the proper remedy.