law-unjust-enrichment | law-account-stated-open-account-suit | sworn account suit | TRCP 185 |
A party may recover under the unjust enrichment theory when a person has obtained a
benefit from another by fraud, duress, or the taking of an undue advantage. Heldenfels
Brothers, Inc. v. City of Corpus Christi, 832 S.W.2d 39, 41 (Tex. 1992).
UNJUST ENRICHMENT - EQUITABLE THEORY OR RECOVERY
Unjust enrichment is an equitable principle holding that one who receives benefits unjustly should make
restitution for those benefits. Villarreal v. Grant Geophysical, Inc., 136 S.W.3d 265, 270 (Tex. App.-San Antonio
2004, pet. denied). Unjust enrichment occurs when the person sought to be charged has wrongfully secured a
benefit or has passively received one which it would be unconscionable to retain. Id. A person is unjustly
enriched when he obtains a benefit from another by fraud, duress, or the taking of an undue advantage.
Heldenfels Bros., Inc. v. City of Corpus Christi, 832 S.W.2d 39, 41 (Tex. 1992). Unjust enrichment characterizes
the result or failure to make restitution of benefits received under such circumstances as to give rise to an
implied or quasi- contract to repay. Villarreal, 136 S.W.3d at 270. It has also been said that recovery under
unjust enrichment is an equitable right and is not dependent on the existence of a wrong. Id.
HOUSTON CASE LAW ON UNJUST ENRICHMENT
Washburn v. Sims (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Taft)
(open account suit, unjust enrichment, breach of contract counterclaim)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Bland and Sharp
01-07-00481-CV Scott Washburn v. Bryan Sims and Astounding Party Rentals, Inc.
Appeal from Co Civil Ct at Law No 1 of Harris County
Trial Court Judge: Hon. R. Jack Cagle
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