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Contracts Keyed to Whaley
1464-Eight, Ltd. v. Joppich
Citation:
Supreme Court of Texas, 2004. 154 S.W.3d 101.Facts
In July 1997, Gail Ann Joppich (Plaintiff) entered into an earnest money contract with 1464-Eight, Ltd. & Millis Management Corp. (Defendants) for real estate. Plaintiff agreed to buy an undeveloped residential lot from defendants for $65,000. The parties formed an option contract, which stated that in the event plaintiff failed to start constructing a residence on the land within 18 months, defendants could purchase the lot back from her. The option fee was $10. Plaintiff failed to start construction within the agreed upon time frame, and in September 1999, defendants sought to buy back the land. Plaintiff sued defendants for a declaratory judgment that the option contract the parties had formed was unenforceable because nominal consideration had never been delivered to her in accordance with the agreement.
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