Cate v. Woods

OPINION

Opinion by

Justice CARTER.

This appeal arises from the grant of specific performance and award of damages where no enforceable contract existed. We reverse the trial court’s judgment and render judgment that appellee take nothing.

I. Factual Background

In May of 2002, Thomas C. Cate and Patsy Cate signed a contract to sell their farm and ranch land, consisting of two tracts of land, to Michael J. Woods on approval of third-party financing. Closing was to occur July 31, 2002. The contract stated it would terminate if successful financing was not obtained by that closing date. It is…