Devoe v. Stewart

Citations

• 32 Tex. 712

Syllabus

<p>1—Plaintiff contracted to give his services, and defendants to furnish machinery and subsistence, in a joint enterprise of boring oil wells—the proceeds of which should enure one-eighth to plaintiff and seven-eighths to defendants. Plaintiff, alleging breach of contract by defendants and the consequent abandonment of the work, sued for the alleged value of his services, and attached defendants’ property for the amount. Held, that by reason of defendants’ breach of contract, attachment would lie on the quantum meruit, although the stipulated compensation was based on the proceeds of the enterprise. Had there been no breach by defendants, the plaintiff could have claimed no other compensation than that stipulated.</p>