M7 CAPITAL LLC v. Miller

SUBSTITUTE OPINION

TRACY CHRISTOPHER, Justice (Assigned).

We overrule appellee’s motion for rehearing, withdraw our opinion of March 25, 2010, and substitute this opinion in its place.

This is an appeal of a summary judgment granted in the defendant’s favor on the claimed breach of an option contract. On appeal, the plaintiff argues that (a) the absence of a signed writing setting forth the agreement’s terms does not bar enforcement of an option contract to purchase an interest in a limited partnership, and (b) there is evidence raising a genuine issue of material fact on each of the challenged…