1. Home
  2. Browse Decisions
  3. S.W.2d
  4. 749 S.W.2d
  5. 749 S.W.2d 508 (1988)
 

COX ENGINEERING v. FUNSTON MACH. & SUPPLY

No. 2-87-138-CV.

749 S.W.2d 508 (1988)

COX ENGINEERING, INC., Appellant, v. FUNSTON MACHINE AND SUPPLY COMPANY, Appellee.

Court of Appeals of Texas, Fort Worth,

Rehearing Denied May 12, 1988.

Attorney(s) appearing for the Case

Jones & Whitaker, and O.F. Jones III, Victoria, for appellant.

Sherrill & Pace, and D. D'Lyn Davison, Wichita Falls, for appellee.

Before FENDER, C.J., and HILL and FARRIS, JJ.

OPINION

FARRIS, Justice.

The primary issue in this case is whether an alleged oral agreement is brought within the "merchant's exception" to the UCC statute of frauds by a pair of invoices sent by the seller and received by the buyer. See TEX.BUS. & COM.CODE ANN. sec. 2.201(b) (Tex.UCC) (Vernon 1968). The buyer/appellee, Funston Machine and Supply Company, moved for summary judgment on the ground that any oral agreement between Funston and the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases