JAMES ROY BRADSHAW AS TRUSTEE FOR THE ROBERT MEEKS 1998 TRUST APPELLANT v. FARMS LLC AND GREG FOSTER FOSTER REAL ESTATE APPELLEES

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Court of Appeals of Texas, Amarillo.

JAMES ROY BRADSHAW, AS TRUSTEE FOR THE ROBERT MEEKS 1998 TRUST, APPELLANT v. G&T FARMS, LLC AND GREG FOSTER D/B/A FOSTER REAL ESTATE, APPELLEES

No. 07-16-00217-CV

Decided: January 12, 2018

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

CONCURRING OPINION

The majority concludes that certain handwritten modifications made by Appellee, G&T Farms, LLC, to the Farm and Ranch Contract presented to G&T by Appellant, James Bradshaw, as Trustee for the Robert Meeks 1998 Trust, concerning the purchase and sale of 1,845 acres in Hartley County, Texas, were not material to the contract and did not, therefore, constitute a rejection of Bradshaw's original offer of purchase. I respectfully disagree with that conclusion. However, because I reach the same ultimate result based on my conclusion that Bradshaw's partial performance of the contract constituted an acceptance of G&T's counter-offer, I concur in the conclusion of this court that an enforceable contract was entered into by the parties. Having concluded that a contract was entered into by the parties, I concur in all other portions of the majority opinion.

Patrick A. Pirtle Justice

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