Corporate Personnel Consultants v. Wynn Oil Co., Inc., 8402

Citation543 S.W.2d 746
Decision Date16 November 1976
Docket NumberNo. 8402,8402
PartiesCORPORATE PERSONNEL CONSULTANTS, Appellant, v. WYNN OIL COMPANY, INC., Appellee
CourtTexas Court of Appeals

Edith L. James, Dallas, for appellant.

William Woodburn, Woodburn & Sullivan, Dallas, for appellee.

CHADICK, Chief Justice.

This is a suit by an employment agency to collect a fee for services rendered in furnishing a job applicant, subsequently hired, to an employer. In a non-jury trial judgment was rendered that the agency take nothing. The judgment of the trial court is affirmed.

Mr. Scott Morgan entered into a written contract with Corporate Personnel Consultants, an employment agency, which obligated the agency to assist Morgan in securing a position and required Morgan to pay a fee for such service in accordance with a schedule in the agreement. Incidental services to Morgan, as the agency interpreted the contract, included effort to set up interviews for him with prospective employers.

Shortly after the contract was signed Mr. M. R. Kendall, employed by the agency as a counselor, investigated Morgan's qualifications and undertook to assist him by making a cold or blind telephone call to Wynn Oil Company, Inc. The call appears to derive description from its chanceful nature as it was made to a firm with which the agency was a stranger with no referral or other previous relationship. The purpose of the call was to determine whether an accountant was needed by the company. The business of Wynn Oil Company, Inc. was operated out of a one-girl office by the company president and his personal secretary. Kendall talked with the president's secretary, Mrs. Carolyn Sue Kelley, who informed him that the company was not looking for an accountant but that she would check with the company president, Mr. R. C. Wynn, and see if he was interested.

Kendall continued to call and in the course of the calls gave a description of Morgan and his former employment. He asked if the company would be interested in talking to Morgan. Mrs. Kelley finally returned one of Kendall's calls and told him Wynn would interview Morgan. Thereafter Morgan presented himself at Wynn's home for an interview and was eventually employed. Additional facts will be stated when pertinent in connection with issues discussed.

Though other grounds were plead, the agency ultimately relied for recovery upon the doctrine of quantum meruit, a contract implied in law also denominated a quasi-contract by legal writers. A concise but comprehensive definition of the principle or body of principles enfolded in the doctrine would be very difficult to formulate. In the context of this case, the doctrine may be said to subsume a rule that a request for or acceptance of service commonly performed for pay implies a promise of reasonable remuneration. See Suderman-Dolson Co. v. Hope, 118 S.W. 216 (Tex.Civ.App. 1909, no writ); Crockett v. Sampson, 439 S.W.2d 355 (Tex.Civ.App.Austin 1969, no writ); Colbert v. Dallas Joint Stock Land Bank of Dallas, 129 Tex. 235, 102 S.W.2d 1031 (1937) 98 C .J.S. Work and Labor §§ 8 and 55; 66 Am.Jur.2d, Restitution and Implied Contracts, Sections 21 and 22; 13 Tex.Jur.2d, Contracts, Sections 6 and 304.

The agency requested Tex.R.Civ.P. 296 findings of fact and conclusions of law. The trial judge found that the oil company did not seek the services of the agency. The finding is the subject of the agency's second point of error. The issues of no evidence and that the finding is contrary to the great weight and preponderance of the evidence are presented. The finding's effect is similar to a jury verdict upon the issue. Unless there is no evidence to support the finding or unless the finding is so contrary to the great weight and preponderance of the evidence as to be clearly wrong this court may not set it aside. See Paul v. Johnson, 314 S.W.2d 338 (Tex.Civ.App.Houston 1958, writ dism'd); 4 McDonald's Texas Civil Practice, Sec. 16.05.

Testimony relevant to this issue, that is, whether or not the oil company sought the services of the agency, is from interested sources, the oil company's employees on one hand and the agency's on the other. The agency's counselor acknowledged that the agency had a duty to seek interviews for its client Morgan with prospective...

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12 cases
  • S & A Restaurant Corp. v. Leal
    • United States
    • Texas Court of Appeals
    • 14 mars 1994
    ...writ ref'd n.r.e.)); Valencia v. Garza, 765 S.W.2d 893, 896 (Tex.App.--San Antonio 1989, no writ) (citing Corporate Personnel Consultants v. Wynn Oil Co., 543 S.W.2d 746, 748 (Tex.Civ.App.--Texarkana 1976, no writ)). Unchallenged findings occupy the same position and are entitled to the sam......
  • Traco, Inc., a Three Rivers Aluminum Co. v. Arrow Glass Co., Inc., 04-90-00382-CV
    • United States
    • Texas Court of Appeals
    • 24 juillet 1991
    ...may not set it aside." Valencia v. Garza, 765 S.W.2d 893, 896 (Tex.App.--San Antonio 1989, no writ), citing Corporate Personnel Consultants v. Wynn Oil Co., 543 S.W.2d 746, 748 (Tex.Civ.App.--Texarkana 1976, no The Texas Supreme Court has also held that: In determining whether the trial cou......
  • NCNB Texas Nat. Bank v. Anderson
    • United States
    • Texas Court of Appeals
    • 10 juillet 1991
    ...may not set it aside." Valencia v. Garza, 765 S.W.2d 893, 896 (Tex.App.--San Antonio 1989, no writ), citing Corporate Personnel Consultants v. Wynn Oil Co., 543 S.W.2d 746, 748 (Tex.Civ.App.--Texarkana 1976, no The Texas Supreme Court has also held that: In determining whether the trial cou......
  • Duvall v. Sadler, 9363
    • United States
    • Texas Court of Appeals
    • 20 mai 1986
    ...Corp., 556 S.W.2d 372 (Tex.Civ.App.--Texarkana 1977), writ ref'd n.r.e. per curiam, 568 S.W.2d 129 (Tex.1978); Corporate Personnel Consultants v. Wynn Oil Co., 543 S.W.2d 746 (Tex.Civ.App.--Texarkana 1976, no writ); 4 R. McDonald, Texas Civil Practice in District and County Courts § 16.05 (......
  • Request a trial to view additional results

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