Johnson v. Structured Asset Servs., LLC, 148 S.W.3d 711, 721 (Tex. App.-Dallas 2004, no pet.)("An
assignment is a contract between the assignor and assignee, and operates by way of agreement or contract.").
An assignment is a manifestation by the owner of a right of his intention to transfer the right to an assignee.
Pape Equip. Co. v. I.C.S., Inc., 737 S.W.2d 397, 399 (Tex. App.-Houston [14th Dist.] 1987, writ ref'd n.r.e.). To
recover on an assigned cause of action, one must plead and prove that a cause of action capable of being
assigned existed and was assigned to the party alleging the theory of assignment. Id. If no express assignment
can be established, a party may argue equitable assignment. See id. at 402. To constitute equitable
assignment, the agreement must evidence an intent to transfer the interest, and the transferor must relinquish
control over the interest. Id.
Texas Lottery Comm'n v. First State Bank of DeQueen, No. 08-0523 (Tex. Oct. 1, 2010)(Johnson) (assignability
of lottery wins, statutory construction, reconciliation of alleged conflict)
TEXAS LOTTERY COMMISSION v. FIRST STATE BANK OF DEQUEEN, STONE STREET CAPITAL, INC., AND
CLETIUS L. IRVAN; from Travis County; 3rd district (03-07-00249-CV, 254 SW3d 677, 05-16-08)
motion to substitute parties dismissed as moot
The Court affirms the court of appeals' judgment.
Justice Johnson delivered the opinion of the Court. [pdf]
View Electronic Briefs in 08-0523 TEXAS LOTTERY COMM'N v. FIRST STATE BANK OF DEQUEEN
Under Texas law, contracts for debt are generally assignable. See, e.g., Crim Truck & Tractor Co. v. Navistar
Int'l Transp. Corp., 823 S.W.2d 591, 596 (Tex. 1992).
09‑0631 ELIJAH W. RATCLIFF v. LHR, INC.; from Polk County;
9th district (09‑07‑00566‑CV, ___ SW3d ___, 05‑28‑09, pet. denied Oct 2009)
(debt suit, breach of retail installment contract, summary judgment for plaintiff suing as assignee affirmed,
no-evidence motion for summary judgment on counterclaim granted and affirmed, adequacy of time prior to no-
evidence summary judgment)