Greenberg Traurig, LLP convinced the Texas Supreme Court to reverse the Court of Appeals and decide in its clients’ favor a complex contract issue of first impression—implied revocation of contract when implied intent not to complete the contract is communicated to the offeree by a third party. This was only the second time the Court had addressed this doctrine of implied revocation, adopted 75 years ago. The Court held that Greenberg Traurig clients’ agreement with a third party for millions of dollars, communicated to the offeree prior to acceptance of the outstanding offer, impliedly revoked the outstanding offer – notwithstanding arguments that the doctrine was limited to only real estate transactions and that third-party communication to the offeree was insufficient for implied revocation.
The case was led by Dale Wainwright, co-chair of the firm's National Appeals & Legal Issues Group and chair of the Texas Appellate Practice, and Shareholder Elizabeth “Heidi” G. Bloch, both of whom are based in Greenberg Traurig’s Austin office.