Statute of Frauds Bars Enforcement of Land Contract Where Lot Selection Depended on Third Party's Unfettered Discretion

In Riverside Homebuilders v. FG Aledo Development, the Business Court's Eighth Division granted summary judgment on statute-of-frauds grounds, holding that a contract purporting to convey 181 residential lots failed because the specific lots could not be identified at signing—the buyer's selection right depended on a third-party builder first dividing the subdivision into two pools using wholly discretionary criteria. The Court concluded that where the universe from which a buyer may choose does not exist at contract formation, the property description is fatally deficient under Texas law.