Harold W. Criswell, Petitioner v. European Crossroads Shopping Center, Ltd., Respondents

Summary

The Texas Supreme Court held that the engineering services agreement did not make a sale of the shopping center on a condominium basis a condition precedent to the engineer's fee, and that the transfer of the center by contract for deed constituted a sale within the agreement's terms. Accordingly, the Court reversed the trial court and appellate court judgments and remanded for further proceedings. Justice Gonzalez filed a concurring and dissenting opinion asserting the contract was ambiguous, and Justice Hecht filed a concurring opinion affirming the result but criticizing the majority's reliance on construction rules.