Stanley Educational Methods, Inc. v. The Becker Cpa Review Course, Inc.

On petition for rehearing, Stanley’s substitute counsel argues that the case should be decided under the theory of promissory estoppel. See Wheeler v. White, 398 S.W.2d 93 (Tex.1965). This theory was not properly presented to the trial court for application to the facts, nor was it presented to this court until the unauthorized filing of substitute counsel’s supplemental brief. Under these circumstances, we ordinarily would not consider the new argument at the appellate level. However, we have examined the authorities cited in Stanley’s petition, especially Associated Tabulating Services,…