Probus Properties v. Kirby

OPINION

Opinion by

Justice MOSELEY.

Harold Dwayne Kirby, Jr. sued for specific enforcement of a purchase option under a lease agreement with Probus Properties. The jury returned a verdict in favor of Kirby and the trial court entered judgment granting specific performance of the option. The trial court denied Pro-bus’s motion for judgment notwithstanding the verdict and to disregard jury findings. Probus appeals and raises nine issues. Because we conclude there is no evidence to support the finding that Kirby performed the condition precedent to extend the option, that equity does not apply to…