Owen v. Hendricks
Supreme Court of Texas
433 S.W.2d 164 (Tex. 1968)
H.B. Owen (plaintiff) was a real estate agent. He wrote a letter on October 7, 1965, to Ray Hendricks (defendant) asking if Hendricks’s “960 acres in Dallam County” were for sale and offering to sell the land for him. On October 11, 1965, Hendricks wrote a letter to Owen stating that his “960 acres in Dallam County” were for sale and that if Owen sold the land for a certain price, he would get a commission. The letter from Hendricks, although apparently in response to the letter from Owen, does not refer to the letter from Owen. The land sold and Owen brought suit to recover the commission. Hendricks moved for summary judgment. The trial court granted the motion. The Texas Court of Civil Appeals affirmed. Owen appealed. Owen admitted that the letter from Hendricks was not, by itself, sufficient to describe the land that was sold under the statute of frauds. However, Owen argued that the two letters should be read together to constitute a memorialization of the parties’ agreement because they clearly refer to the same transaction.
Rule of Law
Holding and Reasoning (Walker, 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 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.