Legal Question in Civil Litigation in Texas

breach of contract

A friend took a trip with me that cost me $315 in plane fares. We made an oral agreement that she would pay me back $30 for the next ten months. However, she has only paid me $110, and it has been 9 months now. Another thing, she actually went in my sister's name, not her own. I had originally bought the ticket for my sister who was unable to go, and instead of losing the money on the ticket, my friend opted to go with me. We had an argument, and she now says she does not owe me the money - Can I take this to small claims court? Is this a breach of contract although it was oral? I can get affadavits from coworkers and friends stating that she did in fact went with me on this trip. I would like to know if I have a case in this - Thanks


Asked on 6/14/99, 1:12 pm

1 Answer from Attorneys
Alicia Fortson Law Offices of A. G. Fortson

Re: breach of contract

Oral contracts are as binding as written contracts. The legal problems arise due to the difficulty in proving the existence or terms of an oral contract. However, the Statute of Frauds makes unenforceable oral contracts that by its terms are not to be fulfilled in a year.

So in this case, the fact that you all verbally agreed to a payment plan that exceeded a year, your claim may not be recoverable. There is hope. If your "friend" admits that there is an agreement, then you can proceed. If that is unlikely, try to get her to recommit to pay you any amount. This may open the door for future claims.

If I can assist you further, please contact me at my office, 214-712-9242.

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Answered on 8/04/99, 4:49 pm


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