Horton v. DaimlerChrysler Financial Services Americas, L.L.C.
Court of Appeals of Texas, Texarkana
262 S.W.3d 1 (2008)
A dispute existed between Larry Horton (plaintiff) and DaimlerChrysler Financial Services Americas, L.LC. (DaimlerChrysler), represented by its agent Commercial Recovery Systems, Inc. (Commercial Recovery) (defendants). Commercial Recovery offered to settle the dispute on behalf of DaimlerChrysler for the sum of $1,000, with the settlement to include a removal of negative credit information from Horton’s account. The offer, delivered by letter, was made available to Horton “through June 30, 2003” and the terms of payment were “$500.00 due 6/15/03 & $500.00 due 6/30/03.” On June 18, 2003, Commercial Recovery received a $500 check from Horton dated June 14, 2003. On July 2, 2003, Commercial Recovery received a second $500 check from Horton dated June 27, 2003, accompanied by a letter stating that such payment was “in full and complete satisfaction of all sums due and owing” and that it should not be negotiated for any other purpose. Both checks were accepted. In 2005, Horton discovered that adverse credit information relating to his DaimlerChrysler debt remained on his credit report. He sued both DaimlerChrysler and Commercial Recovery for breach of contract. The trial court entered summary judgment in favor of DaimlerChrysler and Commercial Recovery who had argued that Horton’s failure to pay the sum due by June 30 meant that no contract was formed. They asserted, further, that their acceptance of Horton’s checks was the acceptance of a counter-offer by Horton, and that the expurgation of his adverse credit information was not a component of the counter-offer. Horton appealed.
Rule of Law
Holding and Reasoning (Morriss, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.