TEXARKANA, Texas — A civil case between Jerry Jones, a woman claiming to be his daughter and her mother appears to be headed to a jury trial, after a judge ruled that a settlement agreement Jones claims the two entered into and then violated is a valid contract.
The two women, Alexandra Davis and her mother Cynthia Davis-Spencer, entered into the agreement with Jones in 1998. A copy of the alleged agreement, submitted with the initial countersuit, claims Davis was contractually prohibited from suing Jones to establish paternity and was required to keep the facts and terms of their agreement confidential.
Jones claims this contract was violated after Davis brought forth a defamation suit against him in which she claimed the Cowboys owner "falsely painted her as an 'extortionist'" who was trying to "'shake down' the Jones family for money" after she claimed Jones was her biological father. That case was dismissed by a judge in March.
According to the court document, both Davises argued the agreement was not a valid contract, as there was "no meeting of the minds in the formation of the contract" because Jones couldn't recall details of the contract in his deposition and hadn't seen it personally until a few years ago.
"Defendants may impeach or explore inconsistencies with regard to Jones’s knowledge about certain details of the Settlement Agreement on cross-examination, but his inability to recall certain details about a contract signed by his agent more than two decades ago does not invalidate the contract," the document states.
The Davises also argued the contract is void, claiming that forbidding a child from establishing paternity violates Texas public policy. However, the document states that neither defendant provided any language in the Texas Family Code or any case law stating that this was the case.
Alexandra Davis also argued that no one protected her interests when the agreement was formed as no court-appointed officer was appointed to represent her and there was no court approval of the agreement. However, the document states, that Texas law allows parents to enter into agreements on their children's behalf before they reach the age of majority, or 18 years old.
"All parties—Jones, through [his attorney Donald] Jack, and Cynthia Davis, on behalf of herself and her daughter Alexandra Davis—performed their duties under the Settlement Agreement for more than 20 years until the alleged breach occurred, indicating their intent to be bound by the terms of the Settlement Agreement," the document reads. "Accordingly, the contract is valid and enforceable as to at least Jones, Cynthia Davis, and Alexandra Davis before she reached the age of majority."
The court document also found that Alexandra Davis' potential ratification of the settlement agreement should be a fact determined by the jury at trial.
Davis argues, the document states, she wasn't party to the agreement as she hadn't ratified the contract upon turning 18. Jones contends that the contract is only voidable if the minor declares the contract void upon reaching that age.
"Jones states that Alexandra Davis reached the age of majority in December of 2014 and accepted more than 220 monthly, annual, and special payments under the Settlement Agreement after becoming an adult," the suit reads.
The document states that both sides present evidence that creates a dispute over whether Alexandra Davis knew the facts regarding the contract after turning 18 and whether her actions mean she was bound to that contract.
While Jones argues Cynthia Davis first breached the contract when she approached an attorney for legal advice in 2021 and disclosed information from the agreement, Davis argues Jones breached the contract first by disclosing his relationship to Alexandra Davis in a witness affidavit in 2019, the document states. This issue will also be left up to the jury.
WFAA has reached out to attorneys on both sides for comment but has not heard back as of 5 p.m. Thursday.
