Foreca, S.A. v. GRD Devel. Co

In Foreca, S.A. v. GRD Devel. Co., 758 S.W.2d 744, 746 (Tex. 1988), the parties initialed a handwritten document which included several terms concerning the sale of amusement-park rides and the language, "SUBJECT TO LEGAL DOCUMENTATION CONTRACT TO BE DRAFTED BY SELLER'S ATTORNEY." 758 S.W.2d at 744-45. Subsequently, the seller sued the prospective buyer for breach of contract after it refused to purchase the rides. Id. at 745. Relying on the above-quoted language, the buyer urged that no enforceable agreement was made. Id. The Texas Supreme Court held this language was not conclusive on intent to contract because a fact question existed on whether the contemplated formal writing was a condition precedent to contract formation or merely a memorial of an already enforceable contract. Id. at 745-46.