Domingo Vs. Mitchell

Coworkers Betty Domingo and Brenda Mitchell often played the Texas Lottery together. Their arrangement included anagreement to pool their money to purchase tickets and split their winnings equally. From time to time, Mitchell would purchase the lottery tickets prior to getting Domingo's money, and Domingo would promptly reimburse Mitchell, win or lose. On March 9, 2006, Cindy Skidmore sent an e-mail to Mitchell asking if Mitchell was interested in joining a lottery group. Skidmore had formed LGroup, a Texas Limited Partnership, for the purpose of pooling money to play the lottery. On March 23, she sent a follow-up e-mail to members of the group, including Mitchell, notifying them of a meeting the next week at a local restaurant, during which members would pay their share into the pool and select numbers for the April 2006 lottery drawings. The e-mail also provided, "[i]f there is someone else you want to invite (& you feel pretty sure they won't drop out) let me know." Mitchell did not ask Skidmore if Domingo could participate in the April 2006 drawings. According to Domingo, sometime after the March 23 e-mail, Mitchell invited her to participate in the LGroup for April 2006, specifically to play Lotto Texas and Mega Millions. When Domingo asked how much her contribution would have to be, Mitchell offered to cover for her and be reimbursed at a later time. On March 30, Mitchell and other members of the group met at a restaurant to pay their share for the April 2006 tickets and contribute their numbers. Domingo was not present at this meeting. Mitchell paid her $17 contribution, but she did not contribute for Domingo's share. According to Mitchell's deposition testimony, she did not have enough money to cover Domingo's payment.On April 29, 2006, one of the tickets purchased by LGroup was a winner in the amount of $20,925,315.23. Domingo was excluded from any share of the winnings. As a result, she sued Mitchell for breach of contract. Mitchell filed a motion for summary judgment, alleging among other things, that she had never made a valid offer to Domingo, so they could not have entered into a contractual relationship.

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