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.)
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 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.