pjc-oil-and-gas-2022-lib

PJC 312.17

D EFENSES

would make the transaction a fraud on the purchaser if the oral contract was not enforced. Boyert v. Tauber , 834 S.W.2d 60, 63 (Tex. 1992). For other oral contracts, “a contract that has been partially performed but that does not satisfy the statute of frauds may be enforced in equity if denial of enforcement would amount to virtual fraud.” In re Estate of Stegall , No. 02-17-00410-CV, 2019 WL 6205244, *12 (Tex. App.—Fort Worth Nov. 21, 2019, no pet.) (mem. op.) (citing Exxon Corp. v. Breezevale Ltd. , 82 S.W.3d 429, 439 (Tex. App.—Dallas 2002, pets. denied)). But the partial performance must be “unequivocally referable” to the oral agreement and corroborate that a contract was actually made. In re Estate of Stegall , 2019 WL 6205244, at *12. “If the evidence establishes that the party who performed the act that is alleged to be partial performance could have done so for some reason other than to fulfill obligations under the oral contract, the exception is unavailable.” Westergren , 453 S.W.3d at 426–27.

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