In Best & Russell Cigar Co. v. William Reese Co., 210 S.W. 317 (Tex.Civ.App.--Fort Worth 1919, no writ), the subject of the suit was the price of a box of cigars shipped by the cigar company. Suit was filed on the alternative theories of express contract and quantum meruit. The appellate court reversed a judgment for one of the defendants because the trial court only submitted the issue of express contract: "It is clear that the whole charge quoted excludes entirely any right of recovery in the plaintiff on the ground that defendant, notwithstanding they had not purchased the cigars, had received them and used them, and were therefore liable for the reasonable value of the same." Best & Russell Cigar, 210 S.W. at 318.