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Ardmore Inc. v. the Rex Group Inc.

This suit concerns a dispute over ownership of certain commercial property. The trial court determined that The Rex Group had timely exercised its purchase option under a lease and that the description of the property subject to the purchase option in the sublease was rendered unenforceable by the statute of frauds. Only the parties to a contract have the right to complain of a breach thereof; and if they are satisfied with the disposition that has been made of it and all claims under it, a third person has no right to insist that it has been broken. The judgment is reversed in part, affirmed in part, and remanded. Houston's 1st Court of Appeals, No. 01-11-00328-CV, 04-19-2012.

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OPINION

This appeal concerns whether purchase options in two leases were properly exercised. Appellants, Ardmore, Inc. and Star Properties, LLC, appeal the trial court’s grants of summary judgment against them and in favor of appellee, The Rex Group, Inc. In one issue, Star Properties argues that the trial court erred by determining that The Rex Group had timely exercised its option to purchase from Star Properties. In two issues, Ardmore argues that the trial court erred by determining the statute of frauds barred the application of its option to purchase from The Rex Group because (1) the property was identified with reasonable certainty; (2) Ardmore fully performed under the contract; (3) Ardmore partially performed under the contract; and (4) The Rex Group is estopped from asserting the statute of frauds defense. In a cross-appeal, The Rex Group challenges the sufficiency of the evidence to support the trial court’s award of attorneys’ fees in favor of The Rex Group and against Star Properties.

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