—Corpus Christi 2004, pet. Generally, under Texas law, a plaintiff may not recover in tort for claims arising out of an unenforceable contract under the statute of frauds.App. Corpus Christi Mar. This case arises out of Plaintiff' s frustration that he has not received payments under two contingent promissory notes.
The notes were created when Co. purchased a construction contract for its plant in Corpus Christi on June 4, 2004. The contract provided that plaintiff would be paid the balance of the contract upon completion, which was in September 2005. The payments under Plaintiff's notes were made several times between September 2005 and December 2005. For example, on September 6, 2005, two payments of 100,000.00 were made. On October 12, 2005, another payment of 125,000.00 was made to settle a dispute. Also, on October 12, 2005, Plaintiff was instructed to sign a promissory note in favor of Co. on or about December 12, 2005: We, as the owners and operators of [PLACE NAME], have done all that we can to assist you in carrying out the terms of the contract. We wish you good luck and success in your venture.
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