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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/contract0195 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations CONTRACTS CHAPTER 3. FORMATION OF INFORMAL CONTRACTS TOPIC 2. MANIFESTATION OF ASSENT § 41. Revocation by Communication from Offeror Received by Offeree Tex.2022. Cit. in case cit. in ftn. Assignee of judgment creditor brought an action for declaratory judgment against judgment debtor, alleging that debtor did not accept a settlement offer from judgment creditor, because judgment creditor assigned its judgment to plaintiff prior to defendant exercising his power to accept. The trial court granted plaintiff's motion for summary judgment. The court of appeals reversed and remanded. This court reversed and remanded, holding that judgment creditor impliedly revoked defendant's power to accept the settlement offer when, by assigning the judgment to plaintiff, it took actions inconsistent with a willingness to enter into the settlement agreement. The court rejected defendant's assertion that state law did not recognize the doctrine of implied revocation, and pointed out that long-standing case law looked to Restatement of Contracts § 41 in defining the elements of the doctrine. Angel, Trustee for Gobsmack Gift Trust v. Tauch, 642 S.W.3d 481, 490. § 42. Acquisition by Offeree of Information that Offeror Has Sold or Contracted to Sell Offered Interest Tex.2022. Quot. in sup. Assignee of judgment creditor brought an action for declaratory judgment against judgment debtor, alleging that debtor did not accept a settlement offer from judgment creditor, because judgment creditor assigned its judgment to plaintiff prior to defendant exercising his power to accept. The trial court granted plaintiff's motion for summary judgment. The court of appeals reversed and remanded. This court reversed and remanded, holding that judgment creditor impliedly revoked defendant's power to accept the settlement offer when, by assigning the judgment to plaintiff, it took actions inconsistent with a willingness to enter into the settlement agreement. Citing Restatement of Contracts § 42, the court explained that defendant was notified of judgment creditor's actions when plaintiff's counsel informed him of the assignment, and the doctrine of implied revocation was not limited to transactions involving real property. Angel, Trustee for Gobsmack Gift Trust v. Tauch, 642 S.W.3d 481, 494, 500. CHAPTER 9. THE SCOPE AND MEANING OF CONTRACTS TOPIC 1. INTERPRETATION COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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