# Spoljaric v. Percival Tours, Inc.

> Texas Supreme Court · March 19, 1986 · 29 Tex. Sup. Ct. J. 280

URL: https://www.frixlaw.com/law-library/cases/9858748

## Case

- **Full name:** Ralph W. SPOLJARIC, Petitioner, v. PERCIVAL TOURS, INC., Et Al., Respondents
- **Court:** Texas Supreme Court
- **Decided:** March 19, 1986
- **Citations:** 29 Tex. Sup. Ct. J. 280; 708 S.W.2d 432; 1986 Tex. LEXIS 949
- **Precedential status:** Published
- **Opinion:** Dissent by Wallace
- **Judges:** McGee, Wallace, Hill, Campbell, Gonzalez
- **Cited by:** 587 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9858748

## How later opinions describe it (automated extraction)

- holding that a plaintiff must show more than mere failure to perform subsequent to the defendant’s promise
- concluding that fraudulent inducement occurred when, two weeks before the contract was signed, evidence was presented that showed the defendant intended to break a specific portion of the contract
- holding, in a fraudulent misrepresentation case, that evidence was sufficient to support jury finding that employer did not intend to implement a bonus plan when he orally promised to do so
- holding that summary judgment on fraud claim that company’s president created incentive program to induce two vice-presidents to stay and never intended to implement the incentive program
- holding that intent is a fact question uniquely within the realm of the trier of fact because it depends so heavily on the credibility of witnesses and the weight given to their testimony

## Opinion text

WALLACE, Justice,
dissenting.
I respectfully dissent.
For the reasons set out in the court of appeals opinion, I would hold that there was no evidence to support a jury finding that on December 17, 1979, Jessie Up-church did not intend to keep his promise to Ralph Spoljaric concerning a bonus plan.
The judgment of the court of appeals should be affirmed.
HILL, C.J., and CAMPBELL and GONZALEZ, JJ., join in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9858748. Public record. Not legal advice.