Contracts Keyed to Dawson
Wheeler v. White
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Wheeler owned a three-lot tract of land in Port Arthur, Texas. He entered into a written contract with White whereby White was to obtain a third-party loan on Wheeler’s behalf in order to construct a commercial building on the land. White was to be paid $5,000 for obtaining the loan (to be repaid by Wheeler), and also 5% commission on all rentals received from tenants procured by White for the building. After the contract was signed, White assured Wheeler that he would obtain the money, and encouraged him to demolish the existing buildings on the land in order to make room for the new construction. In reliance on White’s promises, Wheeler destroyed the old building and prepared the land. Thereafter, White told him there would be no loan. Wheeler tried, but was unable, to secure a loan for himself. Wheeler suit for damages for breach of contract, and, in the alternative, promissory estoppel. White filed special exceptions that the pleaded contract failed to provide the monthly installment and interest amounts, and that the plea of promissory estoppel was insufficient as a matter of law. The trial court sustained the special exceptions and dismissed the case, ordering that Wheeler take nothing from White. The Court of Civil Appeals affirmed.
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