Court of Appeals of Texas, Third District, Austin
T. David Young, Appellant
PlainsCapital Bank, Appellee
THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT
NO. D-1-GN-14-004656, HONORABLE GISELA D. TRIANA, JUDGE
Chief Justice Rose, Justices Puryear and Bourland
Rose, Chief Justice.
T. David Young appeals from the district court's summary
judgment in favor of appellee PlainsCapital Bank (the Bank).
Young sued the Bank for breach of contract, claiming that the
Bank had agreed to sell him certain real property that it
owned. On cross-motions for summary judgment, the district
court denied Young's motion and granted summary judgment
to the Bank. Because the unsigned real-estate sales contract
Young seeks to enforce is required by the statute of frauds
to be both signed and in writing, and because Young's
summary-judgment evidence fails to raise a fact issue as to
any exception to the statute of frauds, we affirm the
district court's judgment.
September 2013, Young and his real-estate agent Tate Chiles
(collectively, "Young") began negotiations with the
Bank, through Bank employee Sean Denton, to purchase property
owned by the Bank. As part of these negotiations, Young and
Denton met in person and exchanged emails regarding the
details of the proposed sale. The emails, which the Bank
attached as summary-judgment evidence, established the
following sequence of events:
• Sept. 17-Young agrees to meet with Denton at his
office to discuss the deal.
• Sept. 18-Young sends Denton a proposed contract to
purchase the property.
• Sept. 19-Denton emails Young's proposal to Bank
supervisors, asking how they would like to proceed.
• Sept. 24-Denton tells Young that Denton "received
a response this morning that all the terms appeared
acceptable but that they would like for us to rework the
• Oct. 4-Young sends an email to Denton confirming
"our conversation today and the attached addendum"
and stating that Young "agrees to the addendum and all
changes." In the same email, Young asks Denton if he
wants Young "to clean this up and send it to you Monday
or do you want to take care of it? We will initial and sign
all documents needed." Denton replies, "It would be
quicker if you cleaned it up and sent me an executable
• Oct. 7-Young sends Denton a copy of the purchase
contract and a copy of the addendum incorporating the
Bank's requested changes, both of which were signed and
initialed by Young only. Young asks Denton to "review
Paragraph 10 of the addendum in which we clarified the
undefined word 'affiliate' and to let him know if
there were any questions."
• Oct. 7-Denton forwards to his supervisor the purchase
contract and addendum signed by Young and a document titled
"ORE Sale Approval Request, " explaining,
"This should be clean copies of everything. Let me know
if you need anything else from me."
addition to the foregoing emails, Young offered as
summary-judgment evidence his own affidavit and deposition
testimony alleging that Denton assured him during an October
4 conversation that the contract was complete and would be
signed. The Bank offered as summary-judgment evidence the
minutes of its Special ...