Harwood & Associates, Inc. v. Texas Bank and Trust, First City Bank of Dallas

TATE, Circuit Judge:

This is a Texas diversity action. Harwood & Associates, Inc. appeals from the entry of a judgment notwithstanding the verdict (n. o. v.) setting aside a jury verdict awarding it damages against First City Bank of Dallas for fraud, breach of contract, and breach of a confidential relationship. The district court concluded, relevantly to our decision, that the oral contract found by the jury to have been breached by First City was unenforceable by virtue of the Texas statute of frauds and for lack of legally sufficient consideration. On review, we find that the court below…