National Property Holdings, L.p., Michael Plank and Russell Plank v. Gordon Westergren

Summary

The Texas Supreme Court held that Gordon Westergren could not claim fraudulent inducement of the release because he had a reasonable opportunity to read it and his reliance on oral statements was not justified. The Court also held that the oral side agreement was unenforceable under the statute of frauds and not rescued by a partial performance exception, and that Westergren did not breach the mediated settlement agreement or the release by filing suit. Accordingly, the Court reversed the appellate court on the breach of oral contract and attorney's fees claims and affirmed the take‑nothing judgment on the other claims.