Minds Met
September 1, 2026
In Qu Food Express LLC v. Yomie Yogurt LLC, the Fifth Court affirmed a judgment based on a commercial lease, despite a lack of signatures, when legally sufficient evidence nevertheless established that a “meeting of the minds” occured.
Citing precedent that signatures, while often evidence of mutual assent, “are not essential” to form a binding contract, the Court concluded that the parties demonstrated their intent to be bound through other conduct. Specifically, both parties’ representatives initialed all 34 pages of the lease in each other’s presence, the landlord’s agent told the tenant the lease “is already effective,” and both sides performed under the lease for months, with the tenant timely paying the agreed-upon rent amount and the landlord depositing those payments.
The defendant testified that the parties had not reached a final agreement, but because the above amounted to more than a scintilla of evidence to support the trial court’s finding, the Court affirmed No. 05-25-00425-CV (Aug. 28, 2026).