Roy L. Martin v. Xarin Real Estate, Inc. And Loren Baxter, Defendants-Third-Party v. G.M. Richards & Co., Inc. And Gerald M. Richards, Third-Party

GARWOOD, Circuit Judge:

This is an appeal in a Texas law diversity suit from a judgment for appellee for liquidated damages incurred as a result of appellant’s breach of contract. The primary question is whether a contract was made between appellant and appellee. Following a bench trial, the district court found that an enforceable, executory contract was entered into by the parties, and that appellant breached it. We affirm the district court’s judgment.

I

Appellee Roy L. Martin (“Martin”) is a shopping center developer, who owns several shopping centers. In 1975, Martin suffered a heart…