Frobese v. Anderson

ON SECOND MOTION FOR REHEARING

Appellant’s second motion for rehearing argues that the Melady-Anderson sale and purchase contract fails for want of mutuality of assent because the contract “did not specify with respect to the interest payments exactly how the interest should be calculated and paid.” The motion cites Botello v. Misener-Collins Company, Ltd., 469 S.W.2d 793 (Tex.Sup.1971) and Bryant v. Clark, 163 Tex. 596, 358 S.W.2d 614 (1962) as supporting the proposition urged. And of course it is well settled that one attribute of a binding contract is that the minds of the parties thereto…