Legal Opinion · Dissent

Richard Sewing v. Steven Wayne Bowman as Personal Representative of the Estate of William C. Bowman

Texas Court of Appeals, 1st District (Houston)

Decided March 29, 2012No. 01-10-00230-CVPublished

1DissentJustice Brown

While the facts of this ease engender sympathy for Bowman’s father, who paid his Mend Richard Sewing over $200,000 but was not paid his money back, the statute of frauds bars enforcement of the alleged oral contract, and Bowman failed to prove any other basis for recovery of damages or attorney’s fees. I, therefore, respectfully dissent.

The Statute of Frauds Bars Bowman’s Recovery

The Court properly distinguishes between (1) an oral partnership agreement to transfer an ownership interest in land to a partner or the partnership — an agreement that violates the statute of frauds — and (2) an…

2Cases cited16 opinions

  1. Holt Atherton Industries, Inc. v. HeineTexas Supreme Court · 1992
  2. Mustang Pipeline Co. v. Driver Pipeline Co.Texas Supreme Court · 2004
  3. MBM Financial Corp. v. Woodlands Operating Co.Texas Supreme Court · 2009
  4. Exxon Corp. v. Breezevale Ltd., Texas Court of Appeals, 5th District (Dallas)2002
  5. City of Austin v. Leggett, Texas Court of Appeals, 3rd District (Austin)2008

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