Cotton v. Ratholes, Inc.

This appeal concerns the adequacy of summary judgment proof in a suit for specific performance of a contract. In an unpublished opinion, the court of appeals affirmed the trial court’s judgment for Ra-tholes, Inc., denying specific performance. We grant the application for writ of error and, without hearing oral argument, reverse the judgment of the court of appeals and remand the case to the trial court. Tex.R.Civ.P. 483.

In September, 1980, Ratholes borrowed some $250,000 memorialized by a note payable to Brownfield State Bank & Trust (note # 1). In early October, 1980, Tommy Cotton and his…