Capital Bank v. American Eyewear, Inc.

GUITTARD, Chief Justice.

In this suit for a declaratory judgment, the trial court, without a jury, found that a certain document bearing the signatures of both parties was a valid and binding lease to plaintiff American Eyewear, Inc. from defendant Capital Bank. The bank appeals on several grounds, of which we consider only two. We hold that the document is not effective as a lease under the Statute of Frauds, Tex.Bus. & Comm.Code Ann. § 26.-01 (Vernon 1968), because the substance of the document was changed after it was signed by the bank’s president, and the bank’s agreement to the lease…