M. MOLSEN & CO., INC. v. Hicks

OPINION

PRESLAR, Chief Justice.

A Buyer of cotton brought this action against the Sellers to recover damages arising out of the failure of the Sellers to deliver cotton to the Buyer as promised orally, and for their failure to keep an oral promise to sign and deliver a written contract that would comply with the Statute of Frauds providing for the sale of the cotton. The trial Court granted the summary judgment of the Defendant-Sellers on the basis of Section 2.201 of the Texas Business & Commerce Code, Statute of Frauds. We affirm.

Kenneth Newcomb, as agent for Royce Cooley, who in turn was the…