First Bank v. Brumitt

“As a general rule, parties in Texas may contract as they wish,” Phila. Indemn. Ins. Co. v. White, 490 S.W.3d 468, 475 (Tex. 2016), and only “the parties to an agreement determine its terms,” Royston, Rayzor, Vickery, & Williams, LLP v. Lopez, 467 S.W.3d 494, 503-04 (Tex. 2015). In this case, a plaintiff who was not a party to a written contract claims that the contract permits him to enforce the agreement as a third-party beneficiary. We hold that the contract is unambiguous and does not make the plaintiff a third-party beneficiary. We also hold that the trial court erred by submitting that…