equity-based exception in Texas

2018Ctr., Ltd., 409 S.W.3d 790, 800 (Tex. App.—Dallas 2013, no pet.) (“Partial performance has been recognized as an equity-based exception to the statute of frauds.”). “[C]ontracts that have been partly performed, but do not meet the requirements of the statute of frauds, may be enforced in equity if denial of enforcement would amount to a virtual fraud.” Exxon Corp. v. Breezevale Ltd., 82 S.W.3d 429, 439 (Tex. App.—Dallas 2002, pet. denied); Tatum v. Wells Fargo Home Mortg., Inc., No. 01-13-00855-CV, 2014 WL 7474074 , at *6 (Tex. App.—Houston [1st Dist.] Dec. 30, 2014, no pet.) (mem. op.).

2011To avoid the statute of frauds, Merrill seeks to establish the equitable remedy of partial performance.8 See Bank of Tex., N.A. v. Gaubert, 286 S.W.3d 546, 553 (Tex. App.—Dallas 2009, pet. dism‘d w.o.j.) (remedy of partial performance is an equity-based exception to the statute of frauds). ―[C]ontracts that have been partly performed, but do not meet the requirements of the statute of frauds, may be enforced in equity if denial of enforcement would amount to a virtual fraud.‖ Exxon Corp. v. Breezevale, Ltd., 82 S.W.3d 429, 439 (Tex. App.—Dallas 2002, pet. denied).

2013Bank of Tex., N.A. v. Gaubert, 286 S.W.3d 546, 553 (Tex.App.-Dallas 2009, pet. dism’d w.o.j.).

2011To avoid the statute of frauds, Merrill seeks to establish the equitable remedy of partial performance.8 See Bank of Tex., N.A. v. Gaubert, 286 S.W.3d 546, 553 (Tex. App.—Dallas 2009, pet. dism‘d w.o.j.) (remedy of partial performance is an equity-based exception to the statute of frauds). ―[C]ontracts that have been partly performed, but do not meet the requirements of the statute of frauds, may be enforced in equity if denial of enforcement would amount to a virtual fraud.‖ Exxon Corp. v. Breezevale, Ltd., 82 S.W.3d 429, 439 (Tex. App.—Dallas 2002, pet. denied).

2022As the supreme court has noted, “[w]e generally adhere to the maxim that ‘equity follows the law,’ which requires equitable doctrines to conform to contractual . . . mandates, not the other way around.” Fortis Benefits v. Cantu, 234 S.W.3d 642, 648 (Tex. 2007).

2018Ctr., Ltd., 409 S.W.3d 790, 800 (Tex. App.—Dallas 2013, no pet.) (“Partial performance has been recognized as an equity-based exception to the statute of frauds.”). “[C]ontracts that have been partly performed, but do not meet the requirements of the statute of frauds, may be enforced in equity if denial of enforcement would amount to a virtual fraud.” Exxon Corp. v. Breezevale Ltd., 82 S.W.3d 429, 439 (Tex. App.—Dallas 2002, pet. denied); Tatum v. Wells Fargo Home Mortg., Inc., No. 01-13-00855-CV, 2014 WL 7474074 , at *6 (Tex. App.—Houston [1st Dist.] Dec. 30, 2014, no pet.) (mem. op.).

2011To establish partial performance, a party must show: (1) payment of consideration, (2) possession of the property by the buyer; and (3) permanent and valuable improvements by the buyer with 8 See Ward v. Ladner, 322 S.W.3d 692, 700 (Tex. App.—Tyler 2010, pet. denied) (op. on reh‘g) (stating contract for the sale of land is governed by the statute of frauds (citing T EX.