Texas Business Court Grants Summary Judgment for Andrews Myers Client Reaffirms Key Principles of Real Estate Law

Decisive Victory for Client in the Texas Business Court

HOUSTON, TX (July 22, 2026) – Andrews Myers, P.C. is pleased to announce that its litigation team secured a decisive victory for client Village Crossing, LLC in a commercial real estate dispute in the Texas Business Court.

The case arose from a failed land sale for 11.56 acres of commercial property, i.e. “the Land.” After signing the agreement, the buyer, West Creek Investments, LLC, commissioned surveys that unilaterally increased the tract to more than 13.5 acres—adding roughly two acres of adjacent property beyond what the agreement defined as “the Land”—and insisted that its surveyor had unilateral authority to redraw the property’s boundaries. Village Crossing then gave notice of default and an opportunity to cure. When West Creek still refused to deliver a survey that matched the agreement’s definition of the Land, Village Crossing terminated the agreement.

In a 27-page opinion signed July 22, 2026, Judge Brian Stagner granted Village Crossing’s motion for summary judgment, declaring the parties’ Purchase and Sale Agreement unenforceable and dismissing every counterclaim brought by West Creek, holding that:

• The agreement was one indivisible contract for a single parcel and could not be severed to salvage the frontage tract.
• The agreement was unenforceable for indefiniteness because it never identified the full boundaries of the property.
• The agreement independently violated the Texas statute of frauds because it relied on a future survey, rather than an existing writing, to supply the legal description.
• Alternatively, even if the agreement were enforceable, West Creek materially breached it by refusing to deliver a survey that conformed to the contract’s definition of “the Land.”

The Court also rejected West Creek’s attempt to use a boilerplate severability clause to carve out the premium highway frontage at the blended rate the parties had negotiated for all 11.56 acres—a maneuver that would have handed West Creek a $1.28 million windfall. Severance, the Court explained, cannot “invent a new object of sale, apportion indivisible consideration, or manufacture a price the parties themselves never negotiated.”

The Court’s decision highlights several important considerations for both buyers and sellers: use of precise property descriptions is key, a later survey cannot correct an insufficient property description and surveys are intended to measure the property rather than to determine the property. 

The Business Court, which the Legislature created in 2023 to bring greater clarity and predictability to commercial disputes in Texas, resolved this case on the contract’s text before trial and explained its reasoning in a written opinion that other businesses and their counsel can rely on.  The parties have now settled their dispute. 

Andrews Myers partners Hunter M. Barrow and Andrew B. Bender, together with co-counsel Thomas Lee Bartlett, represented Village Crossing throughout the litigation.