In General Homes, Inc. v. Denison, 625 S.W.2d 794 (Tex. App.--Houston 14th Dist. 1981, no writ), a sales counselor in a home-building business sought recovery for commissions on the sale of 22 residences closed after he was terminated from employment, but for which he claimed that he had initiated before leaving his employment. Id. at 795.
He sued his employer for quantum meruit, contending that such services were not covered by the written contract. Id.
The Fourteenth Court of Appeals held that Denison had not performed any additional or extra work beyond the scope of the written contract, nor was he a volunteer of "extra work" without compensation beyond the scope of the written contract. Id. at 797 (holding that trial court erred in denying motion for judgment n.o.v.).