DEFENDANT'S MOTION FOR NEW TRIAL

FACTS
4. On or about March 18, 2007, Plaintiffs and Defendant executed a One to Four Family Residential Contract (Resale) for sale of Defendant's residence located at 1651 West Lakeside Drive, Startzville (Canyon Lake), Comal County, Texas. After several disputes between the parties, a Mediated Settlement Agreement was executed on October 10, 2008, in which the parties agreed to proceed to closing on or before December 10, 2008 according to the terms set forth therein, including but not limited to, the stipulation that the Plaintiffs would have a right to walk-through and inspect the subject property on October 10, 2008, and that Plaintiffs would take the home "as is"
4. On or about March 18, 2007, Plaintiffs and Defendant executed a One to Four Family Residential Contract (Resale) for sale of Defendant's residence located at 1651 West Lakeside Drive, Startzville (Canyon Lake), Comal County, Texas. After several disputes between the parties, a Mediated Settlement Agreement was executed on October 10, 2008, in which the parties agreed to proceed to closing on or before December 10, 2008 according to the terms set forth therein, including but not limited to, the stipulation that the Plaintiffs would have a right to walk-through and inspect the subject property on October 10, 2008, and that Plaintiffs would take the home "as is"