In DKH Homes, LP v. Kilgo, No. 03-10-00656-CV, 2011 WL 1811435 (Tex. App.--Austin May 11, 2011, no pet.), a homebuilder alleged that the Kilgos failed to comply with a contractual obligation to build a new home.
The court of appeals determined that the parties' agreement did not include terms essential to a contract for the construction of a new home.
The agreement did not include any information defining the undertaking, such as the size of the house contemplated, the price of the house on a per-square-foot or other basis, or the time for completing construction. Id.