B. L. Nelson & Assocs., Inc. v. City of Argyle
In B. L. Nelson & Assocs., Inc. v. City of Argyle, 535 S.W.2d 906, 910-11 (Tex. Civ. App.--Fort Worth 1976, writ ref'd n.r.e.), was an election-of-remedies case.
The plaintiff sued the defendant for breach of contract, but did not allege a cause of action for quantum meruit.
After the court of appeals held that the contract was void, plaintiff for the first time on appeal sought recovery of damages for quantum meruit. Id.
The court held that by obtaining a judgment on breach of contract without pleading quantum meruit, the plaintiff had elected his remedy and could not seek quantum meruit for the first time on appeal. Id.