Kennitra M. Foote v. Monica J. Tate

Summary

The First District Court of Appeals of Texas affirmed a trial court judgment awarding Monica J. Tate $30,000 for breach of contract and $9,000 in attorney's fees. The court held that Kennitra M. Foote's signed writing constituted an offer that Tate accepted through her conduct, and that Tate's forbearance from selling the property supplied consideration. The court also held that Foote's challenge to the sufficiency of the evidence supporting fraud was moot because the judgment denied all other claims and rested on breach of contract.

Holdings

1. Because the writing did not specify a required method of acceptance, Tate could accept by any reasonable means, and the evidence legally sufficiently established acceptance when Tate accepted Foote's payment of the July mortgage.
2. Legally sufficient evidence established consideration because Tate agreed to forbear exercising her right to sell the house after June 8, 2004.
3. The challenge to Tate's fraud claim was moot because the judgment awarded recovery only on breach of contract and denied all other claims.

Questions Presented

1. Whether legally sufficient evidence established a valid contract between Foote and Tate when Foote signed the writing but Tate did not.
2. Whether legally sufficient evidence established consideration for Foote's promise to pay Tate.
3. Whether legally sufficient evidence supported Tate's fraud claim.

Disposition

affirmed