Owen v. Hendricks
Supreme Court of Texas
433 S.W.2d 164 (Tex. 1968)
Real estate agent H.B. Owen (plaintiff) wrote Ray Hendricks (defendant) asking whether his "960 acres in Dallam County" were for sale, and Hendricks replied by letter confirming the land was for sale and promising Owen a commission at a certain price, without referencing or otherwise incorporating Owen's original letter. After the land sold, Owen sued for his commission, but Hendricks's letter alone did not adequately describe the land as the statute of frauds requires, so Owen argued the two letters should be read together since they clearly related to the same transaction; the trial court granted Hendricks summary judgment, an intermediate appellate court affirmed, and Owen appealed.
Whether the doctrine of incorporation by reference allows two letters concerning the same land transaction to be read together to satisfy the statute of frauds, when the signed letter does not reference, adopt, or incorporate the other, unsigned letter.