Truly v. Austin’s Empirical Analysis
1988
Citation profile
9 federal appellate · 1 district · 77 state decisions
How this case has been cited
Cited by 106 later decisions — most recently March 2024 · most notably Burrow v. Arce (1999), In Re Kellogg Brown & Root, Inc. (2005)
9 federal appellate · 1 district · 77 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedthe decision below (from Texas Court of Appeals, 9th District (Beaumont))
Relationships
Relies on Black Lake Pipe Line Co. v. Union Construction Co. · Brown v. Cole · Holcomb v. Lorino · Colbert v. Dallas Joint Stock Land Bank · Bashara v. Baptist Memorial Hospital System
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 106 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Texas law precludes quantum meruit recovery, however, if the recovery sought is the sub ject of an enforceable contract.”); Truly v. Austin, 744 S.W.2d 934 , 937 (Tex.1988) (“As a general rule, a plaintiff who seeks to recover the reasonable value of services rendered or materials supplied will be permitted to recover in quantum meruit only when there is no express contract covering those services or materials.”
1 later decision quote this exact passage“To recover in quantum meruit, the plaintiff must show that his efforts were undertaken for the person sought to be charged; it is not enough to merely show that his efforts benefitted the defendant.”
1 later decision quote this exact passage“[r]ecovery in quantum meruit is allowed when a plaintiff has partially performed an express contract but, because of the defendant's breach, the plaintiff is prevented from completing the contract”
1 later decision quote this exact passagee.g. Quest Ltd
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.