BarclaysAmerican/Business Credit, Inc. v. E & E Enterprises, Inc.

MALONEY, Justice.

This is an appeal by BarclaysAmerican/Business Credit, Inc. (“Barclays”) from a take-nothing judgment in favor of E & E Enterprises, Inc. (“E & E”). Barclays brings five points of error contending (1) that the trial court erred in concluding that a contract was created between Wrape Forest Industries, Inc. d/b/a Industrial Wood Products (“Wrape”) and E & E by the promise of Wrape to provide 60 days notice of ceasing operations; (2) that the trial court erred in concluding against the great weight of the evidence that E & E could assert defenses based upon facts arising prior…