Robert D. Oler v. B-A Homes, Inc.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-99-00714-CV

Robert D. Oler, Appellant

v.

B-A Homes, Inc., Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT

NO. 96-15369, HONORABLE JOSEPH H. HART, JUDGE PRESIDING

Robert D. Oler appeals from an adverse jury verdict in favor of B-A Homes, Inc. We must determine whether a buyer breached its contract with a seller when the buyer terminated based upon the inability to agree to a form of the subdivision plat. Because we conclude that the contract allowed termination both upon the parties' failure to agree to a form of the…