Wheeler v. White
Supreme Court of Texas
398 S.W.2d 93 (Tex. 1965)
Wheeler (plaintiff) sought to build a shopping center on his property. White (defendant) entered into an alleged contract with Wheeler to obtain a loan for him so that he could build the shopping center. If White was unable to obtain a loan from a third party, he agreed to provide a loan for Wheeler himself. In exchange, Wheeler agreed to pay White a sum of $5,000, plus other considerations. The contract did not contain certain definite terms such as the amount of the monthly installments of the loan and the amount of interest due, among other omissions. In order to build the shopping center, Wheeler first had to raze an old building on the property, and he did so and otherwise prepared for construction of the shopping center in reliance on White’s promise and insistence that he would provide funding for the shopping center one way or another. When White did not obtain or provide funding for Wheeler, Wheeler brought suit. The trial court found that the contract was not definite enough for Wheeler to obtain damages under the contract and dismissed the case. The court of civil appeals affirmed. Wheeler appealed.
Rule of Law
Holding and Reasoning (Smith, J.)
Concurrence (Greenhill, J.)
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