Thornton v. AT & T Advertising, L.P.

390 S.W.3d 702, 2012 WL 6586534, 2012 Tex. App. LEXIS 10467
CourtCourt of Appeals of Texas
DecidedDecember 18, 2012
DocketNo. 05-11-00767-CV
StatusPublished
Cited by5 cases

This text of 390 S.W.3d 702 (Thornton v. AT & T Advertising, L.P.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thornton v. AT & T Advertising, L.P., 390 S.W.3d 702, 2012 WL 6586534, 2012 Tex. App. LEXIS 10467 (Tex. Ct. App. 2012).

Opinion

OPINION

Opinion by

Justice MARTIN RICHTER.

Attorney Appellant Robert Thornton (“Thornton”) appeals the trial court’s judgment in this breach of contract suit against AT & T Advertising (“AT & T”). After a trial on the merits, the trial court awarded AT & T damages in the amount of $21,620.29 plus attorney’s fees. In three issues, Thornton claims (1) there is legally no evidence of a valid contract between him and AT & T; (2) there is legally no evidence to support a breach of contract claim; and (3) there is legally no evidence to support an award based on quantum meruit For the following reasons, we affirm the trial court’s judgment.

Background

Thornton and AT & T entered into agreements for AT & T to provide Yellow Pages advertising for Thornton’s law practice. The first agreement was for advertising in the 2008 Dallas Companion Yellow Pages Directory and the 2008 Dallas Yellow Pages Directory (“2008 Contract”). The second agreement was for advertising in the 2009 Dallas Companion Yellow Pages Directory and the 2009 Dallas Yellow Pages Directory (“2009 Contract”). Thornton made partial payments toward the balance of the 2008 Contract but never paid anything toward the 2009 Contract.

AT & T brought suit against Thornton for breach of contract and in the alternative quantum meruit for the advertising provided. Thornton answered the suit with a general denial. After a half-day bench trial, the court rendered judgment for AT & T. Thornton now appeals.

Standards of Review

A trial court’s findings of fact in a nonjury trial carry the same force and dignity as a jury’s verdict on jury questions. Wright Group Architects-Planners, P.L.L.C. v. Pierce, 343 S.W.3d 196, 199 (Tex.App.-Dallas 2011, no pet.). We review the legal sufficiency of a trial court’s findings by the same standards that we apply to reviewing a jury’s answer. Catalina v. Blasdel, 881 S.W.2d 295, 297 (Tex.1994).

We review a challenge to the legal sufficiency of the evidence in the light most favorable to the finding and indulge every reasonable inference that supports it. See City of Keller v. Wilson, 168 S.W.3d 802, 822 (Tex.2005). In reviewing [705]*705a no-evidence point of error, we credit the evidence and inferences if a reasonable fact finder could and disregard all evidence and inferences to the contrary unless a reasonable fact finder could not. Id. at 827.

We sustain a no-evidence point only when the record discloses (1) a complete absence of evidence of a vital fact, (2) the court is barred by rules of law or of evidence from giving weight to the only evidence offered to prove a vital fact, (3) the evidence offered to prove a vital fact is no more than a mere scintilla, or (4) the evidence established conclusively the opposite of the vital fact. See City of Keller, 168 S.W.3d at 810. If there is more than a scintilla of evidence to support the findings, the no-evidence challenge cannot be sustained. Catalina, 881 S.W.2d at 297. If the evidence is so weak as to do no more than creates a mere surmise or suspicion of its existence, it is no evidence. Kindred v. Con/Chem, Inc., 650 S.W.2d 61, 63 (Tex.1983).

We review a trial court’s conclusions of law de novo to determine whether the trial court drew the correct legal conclusions from the facts. Kahn v. Imperial Airport, L.P., 308 S.W.3d 432, 437 (Tex.App.-Dallas 2010, no pet.); Bolle, Inc. v. Am. Greetings Corp., 109 S.W.3d 827, 831 (Tex.App.-Dallas 2003, pet. denied).

Formation of a valid contract

Thornton first contends there is legally no evidence of formation of a contract. He further claims the trial court’s findings of fact and conclusions of law are devoid of finding an enforceable contract.

The elements required for the formation of a valid contract are: (1) an offer, (2) acceptance in strict compliance with the terms of the offer, (3) a meeting of the minds, (4) each party’s consent to the terms, and (5) execution and delivery of the contract with the intent that it be mutual and binding. Cessna Aircraft Co. v. Aircraft Network, L.L.C., 213 S.W.3d 455, 465 (Tex.App.-Dallas 2006, pet. denied).

Thornton claims the documents offered as contracts 1) impose no duty on AT & T; 2) fail to show AT & T consented to any terms in the documents; and 3) fail to show acceptance by AT & T.

A review of the record reveals copies of four AT & T Yellow Pages documents entitled “Advertising Contract.” The first document is dated 8/08/2007, has an effective date of 01/01/2008, and indicates a Dallas designation. The document provides for details of a directory advertisement, including the monthly cost of $1,638 with billing information. The document further provides three paragraphs regarding the terms and conditions, a right to cancel, and a promise to pay followed by the customer’s printed name and lines provided for the customer’s signature, title, and date of signature. The signature on the second page of the document purports to be that of Robert A. Thornton signed on 8/08/2007.

The second “Advertising Contract” is also dated 8/08/2007, has an effective date of 01/01/2008, and indicates a Dallas Companion designation. The document provides for details of a directory advertisement, including the monthly cost of $163.80 with billing information. The document further provides three paragraphs regarding the terms and conditions, a right to cancel, and a promise to pay followed by the customer’s printed name and lines for the customer’s signature, title, and date of signature. The signature on the second page of the document purports to be that of Robert A. Thornton signed on 8/08/2007. The two documents effective 01/01/2008 [706]*706are referred to together as the “2008 Contract.”

The third “Advertising Contract — Order Page” is dated 10/09/2008, has an effective date of 01/01/2009, and indicates a Dallas designation. The document provides for details of a directory advertisement, including the monthly cost of $1,307 with billing information. The document further provides three paragraphs regarding the terms and conditions, a right to cancel, and a promise to pay followed by the customer’s printed name and lines for the customer’s signature, title, and date of signature. The signature on the second page of the document purports to be that of Robert A. Thornton signed on 10/08/2008.

And the fourth “Advertising Contract— Order Page” is dated 10/09/2008, has an effective date of 01/01/2009, and indicates a Dallas Companion designation. The document provides for details of a directory advertisement, including the monthly cost of $130.70 with billing information.

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Bluebook (online)
390 S.W.3d 702, 2012 WL 6586534, 2012 Tex. App. LEXIS 10467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornton-v-at-t-advertising-lp-texapp-2012.