Nick Digiuseppe D/b/a Southbrook Development Co. and Frisco Master Plan, Petitioners v. Roger Lawler, Respondent

Summary

The Texas Supreme Court affirmed the appellate court’s requirement that a buyer seeking specific performance must plead and prove he is ready, willing, and able to perform, holding that the contract’s remedy provision does not waive this legal requirement. It reversed the appellate court’s finding that the buyer waived his claim for a refund of earnest money, allowing that claim to be presented to the trial court. The Court also remanded for further proceedings on the earnest‑money claim. Justice GREEN dissented, arguing that offering to perform in the pleadings should suffice and that the majority’s rule imposes an undue burden on non‑breaching buyers.