Ferch v. Baschnagel

In Ferch v. Baschnagel, No. 03-04-00605-CV, 2009 WL 349149 (Tex. App.--Austin Feb. 13, 2009, no pet.), a party brought suit for breach of a partnership agreement, and the court discussed the evidence supporting the finding of such an agreement. The court stated, "It is well established that, 'even if an offer and acceptance are not recorded on paper, dealings between parties may result in an implied contract where the facts show that the minds of the parties met on the terms of the contract without any legally expressed agreement.'" The court went on to state that "because the jury was required to determine if there was a 'meeting of the minds'" for the plaintiff to recover on his breach-of-contract claim, "it was necessary for the jury to determine" whether the plaintiff and defendant had agreed to form a partnership. Id.