Four: Sufficiency of the Evidence to Support the Finding of Excuse In issue four, Beal Bank contends the evidence was legally insufficient, or in the alternative factually insufficient, to support the jury’s finding Schleider’s failure to comply with the terms of the note was excused. The trial court charged the jury on modification, waiver, novation, and equitable estoppel, respectively, as follows: Failure to comply with a term in an agreement is excused if the parties agreed that a new term would take its place. Failure to comply by Rob Schleider is excused if compliance is waived by Beal Bank. Waiver is an intentional surrender of a known right or intentional conduct inconsistent with claiming the right. Failure to comply with th (Tex.Civ.App.-Fort Worth 1978, writ ref'd n.r.e.) (<HOLDING>); Terrell v. Nelson Puett Mortgage Co., 511
holding contract unenforceable because rate of interest was of the essence and not detail to be supplied by court holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract holding that state property tax liens are not entitled to the states statutory interest rate as a matter of law rather the appropriate rate of interest is determined by the equities of each case holding default interest rate unenforceable as a penalty and recognizing that a bankruptcy court is not empowered to give a creditor rights that state law withholds holding contract for sale of water which did not specify price was unenforceable because price of water was essence of contract