Fort Worth Court of Appeals Voids $950,000 Crane County Asset Sale for Lack of Consideration Due to Buyer's Unfettered Discretion

The Fort Worth Court of Appeals reversed a specific performance order for a $950,000 Crane County oil and gas asset sale, holding that the buyer's "sole discretion" to walk away after due diligence rendered its promise illusory and the letter agreement unenforceable for want of consideration. Applying binding precedent from Culbertson v. Brodsky, the court ruled that absent separate consideration for the option period, Cooper's unlimited discretion to terminate undermined mutuality of obligation.