Malone v. E.I. Du Pont De Nemours & Co.

OPINION

WILLIAM BRIGHAM, Justice.

I. INTRODUCTION

In this appeal, we are primarily asked to decide whether a potential buyer’s letter to the seller setting forth the proposed terms of the sale can constitute an agreement that can be enforced under the statute of frauds. Under the facts of this case, we hold that it cannot and affirm the trial court’s judgments.

II. BACKGROUND

A. Factual Background

Appellee E.I. du Pont de Nemours (“DuPont”) operated an excess-paint-sales program. Through this program, DuPont disposed of excess paint inventories that resulted from overproduction of certain colors or…