Legal Opinion

Wilkins v. Bain

Court of Appeals of Texas

Decided April 20, 1981No. 20561PublishedCited by 43 opinions

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 We conclude that the provisions of the oral agreement were merged into or superseded by the subsequent written contract which…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

  1. International Security Life Insurance Co. v. FinckTexas Supreme Court · 1973
  2. Williamson v. TuckerCourt of Appeals of Texas · 1981
  3. Davis v. AndrewsCourt of Appeals of Texas · 1962
  4. Bray v. CurtisCourt of Appeals of Texas · 1976
  5. American National Bank & Trust Co. v. First Wisconsin Mortgage TrustCourt of Appeals of Texas · 1979

4 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Tony Gullo Motors I, L.P. and Brien Garcia v. Nury ChapaTexas Supreme Court · 2006
  2. Flint & Associates v. Intercontinental Pipe & Steel, Inc., Texas Court of Appeals, 5th District (Dallas)1987
  3. 4M Linen & Uniform Supply Co., Inc. v. WP Ballard & Co., Texas Court of Appeals, 1st District (Houston)1990
  4. Cordova v. Southwestern Bell Yellow Pages, Inc., Texas Court of Appeals, 8th District (El Paso)2004
  5. Weinacht v. Phillips Coal Co., Texas Court of Appeals, 5th District (Dallas)1984

38 more not listed; retrieve them via the Exa API.

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