Anthony L. McCalla & Cheryl A. McCalla v. Baker's Campground, Inc. Kelli Graves & Kourtnie Graves, 416 S.W.3d 416 (Tex. 2013). · Go Syfert
Anthony L. McCalla & Cheryl A. McCalla v. Baker's Campground, Inc. Kelli Graves & Kourtnie Graves, 416 S.W.3d 416 (Tex. 2013). Cases Citing This Book View Copy Cite
100 citation events (100 in the last 25 years) across 7 distinct courts.
Strongest positive: Pappas Harris Capital, LLC v. Advance Hydrocarbon Corporation, Cory Hall, and Mark Gandy (texapp, 2024-08-01)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Pappas Harris Capital, LLC v. Advance Hydrocarbon Corporation, Cory Hall, and Mark Gandy
Tex. App. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
agreements to enter into future contracts are enforceable if they contain all material terms.
discussed Cited as authority (verbatim quote) V. Robert Fisher Jr. v. David Carnahan
Tex. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
agreements to enter into future contracts are enforceable if they contain all material terms.
discussed Cited as authority (verbatim quote) Matthew Kendall and Kendall Acquisition Company, LLC v. James T. Lewellen
Tex. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
agreements to enter into future contracts are enforceable if they contain all material terms.
discussed Cited as authority (verbatim quote) Robert Marx and Debbie Marx v. Fdp, Lp (2×) also: Cited as authority (rule)
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
if a court was trying to enforce the settlement agreement, it could find all the terms necessary for its enforcement.
discussed Cited as authority (rule) RCIS Enterprises, LLC v. Houser Fabrication, LLC (2×) also: Cited "see"
txctapp6 · 2026 · confidence medium
Which terms are material is “determined on a case-by-case basis.” Id. (quoting McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013) (per curiam)).
discussed Cited as authority (rule) Slant Operating v. Octane Energy Operating
unknown court · 2025 · confidence medium
Id. at 238 (citing McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013) (per curiam)). ¶ 25 The Future Waiver Provision states: Furthermore, Octane agrees to waive its right to protest future Slant drilling permit applications insofar and only insofar as they concern Off Lease Penetration Points where Octane is the offset operator of record.
cited Cited as authority (rule) Osherow, in his capacity as Chapter 7 Trustee et a v. Dundon
Bankr. W.D. Tex. · 2025 · confidence medium
“The material terms of a contract are determined on a case-by-case basis.” McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013).
discussed Cited as authority (rule) Triton Consulting Inc., Formerly Known as Triton Consulting LLC v. Simon Vandyk, Laura Vandyk, Touchstone District Services, LLC, Coleen Culpepper, Michael Willett and Calep Estes
Tex. App. · 2024 · confidence medium
The fact that the parties intended to reduce the agreement to a formal written settlement agreement does not prohibit the formation of a binding agreement— agreements to enter into future contracts are enforceable if they contain all material terms.” Id. at *10 (citing McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013)).
cited Cited as authority (rule) Osherow, in his capacity as Chapter 7 Trustee et a v. Dundon
Bankr. W.D. Tex. · 2023 · confidence medium
For most contracts, courts decide material terms are on a “case-by- case basis” McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013).
discussed Cited as authority (rule) Choice Exploration Inc v. Gemini Insurance Company (2×) also: Cited "see"
E.D. Tex. · 2023 · confidence medium
“Agreements to enter into future contracts are enforceable if they contain all material terms.” McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013).
discussed Cited as authority (rule) Marsha Ellison D/B/A Ellison Lease Operating v. Samson Resources Co. Samson Lone Star Limited Partnership Samson Lone Star LLC Samson Exploration, LLC Three Rivers Acquisition LLC Three Rivers Operating Co. LLC Concho Resources, Inc. COG Operating, LLC, S/D Oil and Gas Corp.
Tex. App. · 2022 · confidence medium
However, we note that “[t]he material terms of a contract are determined on a case-by- case basis,” McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013), 3 We note that in a footnote in her brief, Ellison contends that she “previously filed a verified denial of any consideration . . . as part of her Response pleading . . . to [Concho’s] MSJ . . .
discussed Cited as authority (rule) Rustic Natural Resources LLC (f/K/A Rustic Resources, LLC), Rustic Land Holdings, LLC, and Tortoise Holdings, LLC v. DE Midland III LLC and Endeavor Energy Resources, L.P. (2×) also: Cited "see"
Tex. App. · 2022 · confidence medium
Metal Fabricating Corp. v. Stergiou, 438 S.W.3d 737, 744 (Tex. App.—Houston [1st Dist.] 2014, no pet.) (citing McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013)).
discussed Cited as authority (rule) Candido J. Coniglio, Sr., Wildwood Shopping Center, Inc., Profit Sharing Plan, and Coniglio-Smith Trust v. Michael J. Woods
Tex. App. · 2022 · confidence medium
“To be enforceable, a contract must address all of its essential and material terms with ‘a reasonable degree of certainty and definiteness.’” Fischer v. CTMI, L.L.C., 479 S.W.3d 231, 237 (Tex. 2016) (quoting Pace Corp. v. Jackson, 284 S.W.2d 340, 345 (Tex. 1955)). “[T]he material terms of a contract are determined on a case-by-case basis.” Id. (alteration in original) (quoting McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013) (per curiam)). “[T]he agreement’s terms must also be sufficiently definite to ‘enable a court to understand the parties’ obligat…
examined Cited as authority (rule) Young v. Ershick (3×) also: Cited "see"
E.D. Tex. · 2022 · confidence medium
To be sure, “[a]greements to enter into future contracts are enforceable if they contain all material terms.” McCalla, 416 S.W.3d at 418 (per curiam).
discussed Cited as authority (rule) World's Garden, Ltd. v. Calavo Growers, Inc.
S.D. Tex. · 2022 · confidence medium
It says that it be impossible to account for adjustments made for ' Fort Worth Independent School District v. City of Fort Worth, 22 5.W. 3d 831, 846 (Tex. 2000). * McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013). * Fischer v. CTMI, LLC, 479 S.W. 3d 231 , 24x (Tex. 2016). * Playoff Corp. v. Blackwell, 300 S.W. 34 451, 456 ( Tex. App. — Fort Worth 2009). 3° customers in the United States to determine whether it is giving World’s Garden the best price.
cited Cited as authority (rule) Rob Jennings, III and El Veleno, Ltd. v. Susan Jennings, Tres Mujeres, Ltd., and Pamela J. Person
Tex. App. · 2021 · confidence medium
MKM Eng’rs, Inc. v. Guzder, 476 S.W.3d 770, 778 (Tex. App.— Houston [14th Dist.] 2015, no pet.) (citing McCalla v. Baker’s Campgrounds, Inc., 416 S.W.3d 416, 418 (Tex. 2013)).
discussed Cited as authority (rule) Shiva Shirvani v. Healthcare Holdings, LLC (2×) also: Cited "see"
Tex. App. · 2020 · confidence medium
Id. –11– “Agreements to enter into future contracts are enforceable if they contain all material terms.” McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013) (per curiam) (citing Fort Worth Ind. Sch.
cited Cited as authority (rule) Altech Controls Corporation and Richard Alsenz v. Paul Malone
Tex. App. · 2019 · confidence medium
Id. (citing McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013), and T.O.
discussed Cited as authority (rule) Barrow-Shaver Resources Company v. Carrizo Oil & Gas, Inc.
Tex. · 2019 · confidence medium
Thus a usage may make it unnecessary to inquire into or prove what the actual intentions of the parties were with respect to an unstated term.” (emphasis added)). 45 Id. 46 Ante at 25. 47 See ante at 13-15, 22-24; Fischer v. CTMI, L.L.C., 479 S.W.3d 231, 239-40 (Tex. 2016) (considering trade usage as one source for construing contract language without confining it to supplementing only essential terms); McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013) (considering whether a contract had all the material terms essential to enforceability, but not involving any question o…
cited Cited as authority (rule) J. Curt Lucas and Invenias Partners LLC v. Cyndi Ramirez Ryan
Tex. App. · 2019 · confidence medium
Id. (citing McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013)).
discussed Cited as authority (rule) CCI Gulf Coast Upstream, LLC v. Circle X Camp Cooley, LTD
Tex. App. · 2018 · confidence medium
McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013) (citing T.O.
discussed Cited as authority (rule) American Fisheries, Inc. v. National Honey, Inc. D/B/A National Commodities Co., or D/B/A NCC Group, Ltd., Jun Yang, Individually, and Lin Huang, Individually
Tex. App. · 2018 · confidence medium
McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013); see also Stergiou, 438 S.W.3d at 744 (issue of whether Rule 11 settlement agreement fails for lack of essential terms is generally question of law to be determined by court); Martin v. Martin, 326 S.W.3d 741, 746 (Tex. App.—Texarkana 2010, pet. denied) (“The question of whether an agreement is an unenforceable agreement to agree is a question of law, not a question for the jury.”).
cited Cited as authority (rule) APMD Holdings, Inc., APMD, Inc. CJT Financial Inc., CJT Mining, Inc., Gregory Mayfield and Newell Fred Anderson v. Praesidium Medical Professional Liability Insurance Company and Praesidium Alliance Group, LLC
Tex. App. · 2018 · confidence medium
McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013) (per curiam).
discussed Cited as authority (rule) James Roy Bradshaw, as Trustee for the Robert Meeks 1998 Trust v. G&T Farms, LLC and Greg Foster D/B/A Foster Real Estate (2×) also: Cited "see, e.g."
Tex. App. · 2018 · confidence medium
McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013) (per curiam); Parker Drilling Co. v. Romfor Supply Co., 316 S.W.3d 68, 74 (Tex. App.— Houston [14th Dist.] 2010, pet. denied) (both citing T.O.
discussed Cited as authority (rule) Queen v. RBG USA Inc.
Tex. App. · 2016 · confidence medium
However, the Supreme Court also noted that “‘[ajgreements to enter into future contracts are enforceable if they contain all material terms.’ ” Id. (alteration in original) (quoting McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex.2013)).
examined Cited as authority (rule) Fischer v. CTMI, L.L.C. (3×) also: Cited "see"
Tex. · 2016 · confidence medium
We agree, but we note that “[t]he material terms of a contract are determined on a case-by-case basis,” McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex.2013), and “[e]ach contract should be considered separately to determine its material’’terms.” T.O.
discussed Cited as authority (rule) MKM Engineers, Inc. v. Guzder
Tex. App. · 2015 · confidence medium
McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex.2013) (per curiam).- Thus, a binding settlement may exist when parties agree upon some terms, understanding them to be an agreement, and leave other terms to be made later.
cited Cited as authority (rule) MKM Engineers, Inc., and Pika International, Inc. v. Jal B. Guzder
Tex. · 2015 · confidence medium
McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013) (per curiam).
discussed Cited as authority (rule) Lakeway Regional Medical Center, LLC and Surgical Development Partners, LLC// Lake Travis Transitional LTCH, LLC N/K/A Lake Travis Specialty Hospital, LLC v. Lake Travis Transitional LTCH, LLC N/K/A Lake Travis Specialty Hospital, LLC// Lakeway Regional Medical Center, LLC Surgical Development Partners, LLC Brennan, Manna, & Diamond, LLC And Frank T. Sossi
Tex. App. · 2015 · confidence medium
While the contract in that case stated that the parties agreed “to execute any documents that [were] reasonable and necessary to carry out the terms and provisions of this Agreement,” the Court noted that the agreement also “stated that it ‘shall be binding upon … the parties ….” Id. at 417 (ellipsis in original).
cited Cited as authority (rule) Robert Marx and Debbie Marx v. Fdp, Lp
Tex. App. · 2015 · confidence medium
McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex.2013) (citing T.O.
examined Cited as authority (rule) Thomas G. McCoy v. Alden Industries, Inc. (3×) also: Cited "see"
Tex. App. · 2015 · confidence medium
McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex.2013). .
discussed Cited as authority (rule) Thomas G. McCoy v. Alden Industries, Inc.
Tex. App. · 2015 · confidence medium
Dist. v. Carter, 216 S.W.3d 500, 505 (Tex. App.— Fort Worth 2007, no pet.) (setting out the elements for a breach of contract claim). 2 Williams v. Unifund CCR Partners Assignee of Citibank, 264 S.W.3d 231, 236 (Tex. App.—Houston [1st Dist.] 2008, no pet.). 3 Copeland v. Alsobrook, 3 S.W.3d 598, 604 (Tex. App.—San Antonio 1999, pet. denied) (emphasis added). 4 Outdoors v. Noah, No. 2-09-247-CV, 2010 WL 1946872 , at *3 (Tex. App.—Fort Worth May 13, 2010, no pet.) (mem. op.) (citing Williford Energy Co. v. Submergible Cable Servs., Inc., 895 S.W.2d 379, 384 (Tex. App.—Amarillo 1994, no…
cited Cited as authority (rule) John Hawkins v. Angela Myers
Tex. App. · 2015 · confidence medium
McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013). 17 353 S.W.3d 295 , 299–300 (Tex. App.—El Paso 2011, pet. denied).
discussed Cited as authority (rule) Michael D. Karns v. Jalapeno Tree Holdings, LLC Mark S. Parmerlee And Paul Bambrey
Tex. App. · 2015 · confidence medium
In McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex.2013), the Court reaffirmed a long established rule that “[ajgreements to enter into future contracts are enforceable if they contain all material terms.” The Court explained the rationale underlying this rule, noting that while “agreements to enter into future contracts are often unenforceable ... [because] courts have no way to determine what terms would have been agreed to after negotiation^] ... [t]his concern is not present when the agreement to enter into a- future contract already contains all the material terms of…
cited Cited as authority (rule) Eastman Gas Company, L.L.C., F/K/A Fairplay Gas v. Goodrich Petroleum Company, L.L.C.
Tex. App. · 2015 · confidence medium
McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex.2013) (per curiam); Martin v. Martin, 326 S.W.3d 741, 746 (Tex.App.-Texarkana 2010, pet. denied).
cited Cited as authority (rule) Jane T. Durham v. Margaret L. Durham, Nancy C. Stewart, David Durham, and Barbara Flournoy
Tex. Crim. App. · 2014 · confidence medium
“The material terms of a contract are determined by a case-by-case basis.” McCalla v Baker’s Campground Inc., 416 S.W.3d 416, 418 (Tex. 2013) (citing Stanley Boot, 847 at 221). a.
examined Cited as authority (rule) General Metal Fabricating Corporation, GMF Leasing Inc., and Arnold Curry v. John Stergiou and Main Marine Repair and Industrial Cleaning Co. (4×) also: Cited "see"
Tex. App. · 2014 · confidence medium
Likewise here, we conclude that the particular terms of the additional documents were not essential and therefore did not destroy the Rule 11 agreement’s effectiveness, and we hold that the Rule 11 agreement is not an unenforceable “agreement to agree.” 8 See McCalla, 416 S.W.3d at 418 (holding that settlement agreement containing general release, description of real property to be sold, time-line for closing real property sale, identities of transferor and transferee, and price of real property was enforceable settlement). b.
cited Cited "see" Campos v. Weis Builders, Inc.
E.D. Tex. · 2024 · signal: see · confidence high
See McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013).
cited Cited "see" In the Estate of Maria Luisa Aguilar v. .
Tex. App. · 2023 · signal: see · confidence high
See McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013) (per curiam); Stergiou, 438 S.W.3d at 744 .
discussed Cited "see" Barrow-Shaver Resources Company v. Carrizo Oil & Gas, Inc.
Tex. · 2019 · signal: see · confidence high
See McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013) (per curiam) (explaining that a contract containing all the terms necessary to make the contract binding and enforceable contains all material terms).
discussed Cited "see" Sherman Moore, Individually and D/B/A S & S Security Inc. and George Adams v. Patriot Security Inc.
Tex. App. · 2018 · signal: see · confidence high
See Fischer, 479 S.W.3d at 243-44 (a settlement agreement is not unenforceable because the parties anticipate future negotiations provided the agreement contains all material terms) (citing McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 417 (Tex. 2013)); Stergiou, 438 S.W.3d at 744-51 ; Erdeljac, 94 S.W.3d at 259 (to be enforceable, an agreement must contain sufficient terms to determine the parties’ obligations but is not required to address all possible terms and issues).
discussed Cited "see" Expelled Grain Products, LLC and Scott Theiring v. Corn Mill Enterprises, LLC (2×)
Tex. App. · 2016 · signal: see · confidence high
See McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 417-18 (Tex. 2013) (holding that an agreement to enter into a future contract is enforceable, as a matter of law, if it contains all of the material terms of the contract).
discussed Cited "see, e.g." Mountain View Health & Rehabilitation Center, Inc., Creative Solutions in Healthcare, Inc., and Lidia Moya v. Mary Horton Keele
Tex. App. · 2023 · signal: see, e.g. · confidence medium
See, e.g., McCalla v. Baker’s Campground, Inc., 416 S.W.3d 416, 418 (Tex. 2013) (per curiam) (recognizing that the identity of the parties to the sale, i.e., the transferor and transferee, is a material term in a contract for the sale of real estate).
Retrieving the full opinion text from the archive…
Anthony L. McCALLA and Cheryl A. McCalla, Petitioners,
v.
BAKER’S CAMPGROUND, INC., Kelli Graves, and Kourtnie Graves, Respondents
12-0907.
Texas Supreme Court.
Aug 23, 2013.
416 S.W.3d 416
2013 WL 4493899
2013 Tex. LEXIS 601
Elizabeth Bloch, Husch Blackwell LLP, Austin, TX, Peter J. Harry, Husch Blackwell LLP, Dallas, TX, for Petitioners Anthony L. McCalla., Douglas Scott Cain, Mark Andrew Hines, Cain & Associates, P.C., Cleburne, TX, for Respondents Baker’s Campground, Inc.
Per Curiam.
Cited by 47 opinions  |  Published
PER CURIAM.

The sole question in this case is whether a settlement agreement that includes all the terms necessary for the contract’s enforcement is an enforceable contract as a matter of law, even if some of its terms seem to imply that the parties contemplate forming an additional contract in the future. We hold that such a contract is enforceable.

Respondents Baker’s Campground, Inc. and Kelli and Kourtnie Graves (collectively Baker’s Campground) are successors-in-interest to 380 acres of land once owned by[*417] Baker (now deceased). Petitioners the McCallas entered into a lease agreement with Baker. The lease contained an option that allowed the McCallas to buy the land if Baker decided to sell it. Even as this lease was ongoing, Baker leased the land to the Davises (who are not involved in the present litigation). The McCallas brought suit against Baker and the Davises to void the Davises’ lease and to exercise the McCallas’ option to buy the land. The McCallas obtained a favorable jury verdict that would have allowed the McCallas to exercise the option to buy the land.

After the jury verdict but before judgment was rendered, the McCallas and Baker entered into settlement negotiations. They ultimately produced the settlement agreement that is the basis of the present lawsuit. The agreement provided that the McCallas and Baker released each other from any claims related to the lawsuit. The McCallas also agreed to purchase land identified as “the 380 acres more or less of land which was the subject of the litigation” for $470,000. The McCal-las only became obligated to buy the land if the Davises’ lease was finally “declared null and void as a matter of law” in the course of the litigation. If the Davises’ lease was found to be void, the McCallas would then have 60 days to close on the purchase. The parties agreed “to execute any documents that [were] reasonable and necessary to carry out the terms and provisions of this Agreement.” The contract stated that it “shall be binding upon ... the parties.... ”

The McCallas signed on a line under these terms. Additional handwritten terms underneath these signature lines are initialed by the McCallas, and Baker signed underneath these handwritten additions. The handwritten additions include provisions that “I will agree to $470,000 purchase price above” and that “I agree to enter an agreement as discussed above.”

After entering into this settlement agreement, the McCallas and Baker told the trial court that they had reached an agreement but that they did not want to disclose the terms of the agreement. The McCallas’ attorney stated that they “have settled all matters as between them,” and Baker’s attorney “eonfirm[ed] with everything he just said.” Accordingly, the trial court entered a take-nothing verdict in Baker’s favor.

The trial court entered judgment against the Davises based on the jury verdict. The court of appeals ultimately found that the Davises’ lease was “unconscionable and unenforceable, not void.” Ski River Dev., Inc. v. McCalla, 167 S.W.3d 121,128 (Tex.App.-Waco 2005, pet. denied).

The McCallas promptly attempted to exercise their right to buy the property under the settlement agreement, but Baker’s Campground declined to sell the property. Instead, Baker’s Campground brought a declaratory judgment action to void the settlement agreement. The trial court rendered a partial summary judgment for the McCallas, finding that the settlement agreement was an enforceable contract. The trial court then rendered a final judgment for the McCallas based upon stipulated facts. The final judgment incorporated the partial summary judgment and found that the McCallas owned the property and were due the profits Baker’s Campground had made on the property after the settlement agreement was breached.

The court of appeals reversed and remanded to the trial court. 416 S.W.3d 477. The court found that, because the settlement agreement’s handwritten terms said that “I will agree” and “I agree to enter an agreement” (emphases added), the agreement was ambiguous as to whether it[*418] was a presently binding contract or merely an agreement to agree. Id. at 481. Because the settlement agreement was ambiguous, the court held that determining its enforceability was a fact issue that should not have been determined by summary judgment. Id.

Assuming arguendo that the settlement agreement was an agreement to enter into a future contract, the court of appeals erred in finding that the settlement agreement’s enforceability was a question of fact rather than a question of law. Agreements to enter into future contracts are enforceable if they contain all material terms. Fort Worth Ind. Sch. Dist. v. City of Fort Worth, 22 S.W.3d 831, 846 (Tex.2000); Radford v. McNeny, 129 Tex. 568, 104 S.W.2d 472, 474-75 (1937). After all, the reason agreements to enter into future contracts are often unenforceable is that courts have no way to determine what terms would have been agreed to after negotiation. Id. at 474. This concern is not present when the agreement to enter into a future contract already contains all the material terms of the future contract.

Here, the settlement agreement did contain all the material terms of the future contract. The material terms of a contract are determined on a case-by-case basis. T.O. Stanley Boot Co. v. Bank of El Paso, 847 S.W.2d 218, 221 (Tex.1992). Here, the settlement agreement involves the settlement of a lawsuit and the sale of real property. The settlement agreement contained a general release, a description of the real property to be sold, the timeline for closing the real property sale, the identities of the transferor and transferee of the real property, and the price of the real property. The agreement did not indicate that these or any other terms remained open for negotiation. If a court was trying to enforce the settlement agreement, it could find all the terms necessary for its enforcement. See Fort Worth Ind. Sch. Dist, 22 S.W.3d at 846. Therefore, the agreement contains all material terms and is an enforceable contract.

Accordingly, the settlement agreement was an enforceable contract as a matter of law, and we reverse the court of appeals’ judgment. However, Baker’s Campground also argues that the trial court granted more relief to the McCallas than the McCallas requested in their summary judgment motion by finding breach of the settlement agreement and failing to consider Baker’s Campground’s affirmative defenses. Baker’s Campground presented these issues to the court of appeals, but the court of appeals did not reach them. 416 S.W.3d at 482 (“Because of our disposition of the second issue, we need not address the remaining issues.”). The McCallas concede in their Reply Brief to this Court that “the question of breach of that agreement and [Baker’s Campground’s] affirmative defenses ... have not yet been properly adjudicated by the trial court.” Because the McCallas concede these issues were not “properly adjudicated,” we see no reason to remand the case to the court of appeals to consider these issues. Instead, we remand the case to the trial court for further proceedings consistent with this opinion.