SAM CULBERTSON, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR AND TRUSTEE UNDER THE WILL OF JERRY MONROE CULBERTSON, DECEASED, AND CULBERTSON ENTERPRISES, INC., APPELLANTS, v. FREDERICK BRODSKY, APPELLEE, 788 S.W.2d 156

Summary

Appellant vendors contended that the trial court erred when it granted specific performance of an option to purchase contract that was not supported by consideration from appellee purchaser. The court stated that specific performance was an appropriate remedy for breach of contract only if the contract materially obligated both parties from the date of agreement. The court stated that appellee's check given to the title company while appellee conducted studies on the property was not consideration for the option because the title company was forbidden to cash the check until the expiration of the option. The court stated that during the option period, the check would have to be returned to appellee upon his demand despite any objections by appellants. Because there was no consideration for the purchase option, the trial court erred when it enforced the contract by specific performance. The judgment was reversed.