If the parties who entered into the agreement were mistaken about the terms of the contract, you could raise a mutual mistakes defense. Most recently, an intermediate Texas court explained that [t]o maintain an action for money had and received, [a plaintiff must] establish that the [defendant] held money which in equity and good conscience belonged to [the plaintiff] Money had and received is an equitable doctrine applied to prevent unjust enrichment. Miller-Rogaska, Inc. v. Bank One, Texas, N.A., 931 S.W.2d 655, 662 (Tex.App.-Dallas 1996). It concluded that the evidence showed that the Bank had unclean hands, and that finding may not be incorrect. These men, B. Douglas Montgomery and DuSean Berkich, pretended to be important and wealthy businessmen and wanted to buy the small Bank of Saipan. At trial, after the conclusion of the Bank's evidence, CNG moved for an entry of judgment as a matter of law pursuant to Fed.R.Civ.P. App.Dallas 1987, writ denied); Brodrick Moving & Storage Co. v. Moorer, 685 S.W.2d 75, 77 (Tex. The Mavrick Law Firm has, on several occasions, successfully defended entrepreneurs from lawsuits seeking to enforce such covenants. at 356. For example, in In Re Marriage Stroud, the wife accepted benefits of the terms of a divorce settlement, which she later sought to challenge in court. App.Austin 1995, no writ) (estoppel); Pickett v. Heygood, Orr & Reyes, L.L.P., No. Unclean hands is a common affirmative defense pleaded by defendants and must be proved by the defendant. See Greer v. White Oak State Bank, 673 S.W.2d 326, 329 (Tex.App.1984); Aetna, 186 S.W.2d at 842 (as between equally situated parties, the law favors the one changing position in reliance on payment). As mentioned earlier, an affirmative defense you can use is unclean hands. Stay up-to-date with how the law affects your life. Parties suited for fracture of compact may defend themselves through the unclean hands teachings proving that the other party is also part liable. The facts suggest that it will not be a simple matter to determine whether CNG accepted the Bank's money from Wilson in good faith. Id. Waiver is defined as an intentional relinquishment of a known right or intentional conduct inconsistent with claiming such right. Fortune Prod. Many other unforeseen circumstances could arise that may have caused you to not meet your end of the contractual agreement. The sister appealed. Champlin Oil & Refining Co. v. Chastain, 403 S.W.2d 376 (Tex. View Map, 800 Third Ave. The doctrine applies when it would be unconscionable to allow a party to maintain a position inconsistent with one in which she acquired or by which that party accepted a benefit. Finally, CNG argues that CNG's change of position upon its receipt of the Bank's funds-the release of its interests in Finity and Fi-Scrip-precludes the Bank's recovery.
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