Floors Unlimited, Inc., D/B/A First Floors v. Fieldcrest Cannon, Inc.

WIENER, Circuit Judge:

Plaintiff-Appellant Floors Unlimited (Floors), a carpet retailer and dealer, appeals the district court’s summary judgment dismissal of Floors’ breach of contract and breach of fiduciary duty claims against Field-crest Cannon, Inc. (Fieldcrest), a carpet manufacturer. As we conclude that, as a matter of law, the oral dealership agreement between Floors and Fieldcrest did not fall within the parol evidence proscription of Sec tion 26.01(b)(6) of the Texas statute of frauds, we reverse the district court’s dismissal of Floors’ breach of contract claim and remand for…