Wilkins v. Bain
Court of Appeals of Texas
1Opinion of the Court
STEPHENS, Justice.
This is a breach of contract case. Based on a jury verdict, the court awarded subcontractor Bain judgment for labor done and materials furnished, less a deduction to general contractor Wilkins for his cost of completion. The jury’s findings were based on evidence offered in support of an oral agreement, contrary to the terms of a subsequent written agreement. The principal question is whether a prior oral or subsequent written contract controls. We conclude that the provisions of the oral agreement were merged into or superseded by the subsequent written contract which…
2Cases cited9 opinions
- International Security Life Insurance Co. v. FinckTexas Supreme Court · 1973
- Williamson v. TuckerCourt of Appeals of Texas · 1981
- Davis v. AndrewsCourt of Appeals of Texas · 1962
- Bray v. CurtisCourt of Appeals of Texas · 1976
- American National Bank & Trust Co. v. First Wisconsin Mortgage TrustCourt of Appeals of Texas · 1979
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3Cited by43 opinions
- Tony Gullo Motors I, L.P. and Brien Garcia v. Nury ChapaTexas Supreme Court · 2006
- Flint & Associates v. Intercontinental Pipe & Steel, Inc., Texas Court of Appeals, 5th District (Dallas)1987
- 4M Linen & Uniform Supply Co., Inc. v. WP Ballard & Co., Texas Court of Appeals, 1st District (Houston)1990
- Cordova v. Southwestern Bell Yellow Pages, Inc., Texas Court of Appeals, 8th District (El Paso)2004
- Weinacht v. Phillips Coal Co., Texas Court of Appeals, 5th District (Dallas)1984
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