Ely v. Gen. Motors Corp

In Ely v. Gen. Motors Corp., 927 S.W.2d 774, 779 (Tex. App.--Texarkana 1996, writ denied), the Texarkana Court of Appeals recognized the "non- communal" nature of the pecuniary interests of entities at different levels of a distribution chain. It held that the service and franchise agreements between an auto manufacturer and an auto dealer did not evidence the community of pecuniary interest required for a joint enterprise. The ordinary meaning of "pecuniary" is "of or pertaining to money." WEBSTER'S NEW UNIVERSAL UNABRIDGED DICTIONARY 1428 (1996). Other alternative definitions include: "2. Consisting of or given or exacted in money or monetary payments: pecuniary tributes. 3. (of a crime, violation, etc.) involving a money penalty or fine . . . ." Id. Thus, to satisfy the third element of the Restatement definition an interest must first be monetary in nature. And again, that monetary interest must be common among the members of the group -- it must be one "shared without special or distinguishing characteristics." Ely v. Gen. Motors Corp., 927 S.W.2d 774, 779 (Tex. App.--Texarkana 1996, writ denied) (citing BLACK'S LAW DICTIONARY 274 (6th ed. 1990) (defining "common")).