Triton Commercial Properties, Ltd. v. Norwest Bank Texas, N.A.

OPINION

Opinion by

Chief Justice SEERDEN.

The primary issue in this case is whether the date for payment of an extension fee for an option to purchase real property in a written earnest-money contract may be further extended by an oral waiver and modification of that agreement. Triton Commercial Properties, Ltd. appeals from a summary judgment granted in favor of Norwest Bank Texas, N.A., declaring that Triton’s contract to purchase property from Norwest terminated before Triton exercised its option to extend by paying the extension fee. We reverse and remand.

Norwest had a written contract to…