Hardman v. Dault
Texas Court of Appeals
2 S.W.3d 378 (1999)

- Written by Caitlinn Raimo, JD
Facts
James Hardman (plaintiff) owned land that secured a loan payable to Raymond Dault (defendant). Hardman defaulted on the loan, and Dault initiated foreclosure. Litigation ensued, and the trial court mandated that the parties participate in mediation, which was successful. In December 1996, the parties signed a settlement agreement that outlined the essential terms of their agreement and stated that they would sign final documents by January 1, 1997. Dault timely provided the final documents to Hardman, but Hardman refused to sign them. Dault then filed a motion for summary judgment to enforce the settlement agreement, which was granted. Hardman appealed, arguing that the signing of final documents was a condition precedent to the formation of a contract and therefore without the signed documents, no such contract existed.
Rule of Law
Issue
Holding and Reasoning (Green, J.)
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