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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102192
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was contacted by a gentleman in dallas tx to do some

Customer Question

I was contacted by a gentleman in dallas tx to do some mechanic work he reviewed and called all the references I sumitted to him at his ranch in Groesbeck tx before i cosidered taking this work I went threw my guidlines with him on pay and travel exspenses with a verbal agreement and stated in my invoices towards the end of my work with this man he had his ranch hand find cheaper employee I was told by his ranch hand that the owner will settle up with me the rest of the invoices that I have documented from the beginning of my work for him my question is do I have a right to pursue the rest of the pay that he owes me. And sue for restitution and late fees that are clearly STATED in my invoices
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry t hear about this situation. The answer is yes. Even if the contract was verbal, provided it was not for longer than a year or for real estate (and a few other things), then it is valid. The onus would be on you however to provide that the contract existed by a preponderance of the evidence, which us 51% or over.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Someone in your situation can sue for breach of contract. The essential elements of a breach of contract cause of action that must be prover are (1) There is a valid contract; (2) The plaintiff performed or tendered performance according to the terms of the contract; (3) The defendant breached the contract; and (4) The plaintiff sustained damages as a result of the breach. Valero Marketing & Supply v. Kalama International, 51 S.W.3d 345, 351 (Tex.App.- Houston [1st Dist.] 2001, no pet.).

As a fall back in the same petition, one can also sue for quantum meruit. Quantum meruit consists of: (1) The claimant furnished either valuable services or materials or both; (2) The services and/or materials were furnished to the party sought to be charged; (3) The services and/or materials were accepted by the party sought to be charged, (4) The services and/or materials were furnished and accepted under such circumstances that the party accepting the services and/or materials was reasonably notified that the plaintiff, in performing, expected to be paid by the party who accepted the services and/or materials. Heldenfels Brothers v. City of Corpus Christi, 832 S.W.2d 39, 41 (Tex.1992).

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!