KWSO Television Co., Inc. v. KFDA Operating Company, LLC

OPINION

Opinion by

Justice MOSELEY.

Appellants 1 are the Sellers under an asset purchase agreement and appellees 2 are the Buyers. The question presented is, under the terms of the asset purchase agreement and Delaware law, 3 who is entitled to the escrow money when the sale failed to close? The Sellers contend the Buyers manufactured a reason to terminate the agreement after Sellers refused to reduce the price. Buyers contend Sellers breached the agreement, giving them the right to terminate the agreement. In addition, Buyers assert the mere pendency of their lawsuit against Sellers caused a…