Kosowska v. Khan

DUNCAN, Justice,

concurring.

I agree that the settlement agreement in this case is enforceable — but only because Kosowska’s pleadings do not dispute that she orally agreed to settle her ease against Kahn for $10,000. See Kennedy v. Hyde, 682 S.W.2d 525, 530 (Tex.1984) (rejecting “attempt to bring this case within an exception to Rule 11 by claiming that the oral agreement is ‘undisputed’” because “[t]he oral agreement was disputed and unenforceable at the moment its existence was denied in the pleadings”); see also id. at 530-532 (Gonzales, J., dissenting) (Kennedy agreed in his deposition that he had agreed to settle the suit for $12,000 but later changed his mind).