E.P. Towne Ctr. Partners, L.P. v. Chopsticks, Inc – Case Brief Summary (Texas)

In E.P. Towne Ctr. Partners, L.P. v. Chopsticks, Inc., 242 S.W.3d 117, 122 (Tex. App.--El Paso 2007, no pet.) a landlord and tenant reached a mediated settlement agreement of their competing claims for breach of contract. 242 S.W.3d at 120-21.

The settlement agreement stated that the tenant would make certain payments to the landlord, the parties would bear their own attorney fees, the parties would execute mutual releases, and the lawsuit would be dismissed with prejudice. Id. at 120.

The court of appeals held that the settlement agreement was enforceable even though it failed to address the disposition of the tenant's security deposit or state the date to vacate premises (even though these terms "may have been significant to the parties' relationship") because those terms were unessential "collateral matters." Id. at 123.