Western Oilfields Supply Company d/b/a Rain for Rent appealed from the trial court’s granting of a plea to the jurisdiction based on governmental immunity. Rain for Rent argued that the City of Anahuac waived its immunity from a suit for breach of contract under their agreement to provide water filtration equipment and services.
The appeals court affirmed, holding that the written contract was not yet prepared when the Anahuac City Council approved going forward with Rain for Rent’s proposal due to the missing portion—the rental/sale estimate—containing the pricing terms for installation of the equipment as well as for its operation.
The court noted that the absence of pricing details rendered this an estimate, rather than a final agreement.