English v. Fischer

In English v. Fischer, 660 S.W.2d 521 (Tex. 1983), the Court had occasion to discuss a theory prevalent in California law that in every contract there was an implied covenant of good faith and fair dealing. In refusing to accept such a concept, the Court cautioned that to do so, would "let each case be decided upon what might seem 'fair and in good faith' by each fact finder," which the Court was unwilling to do. Id. at 522.