Legal Opinion

Nelson v. Union Equity Co-Operative Exchange

Court of Appeals of Texas

Decided April 23, 1976No. 17719PublishedCited by 5 opinions

1Opinion of the Court

OPINION

MASSEY, Chief Justice.

Union Equity Co-operative Exchange, as plaintiff, sued Carroll Nelson, as defendant, alleging damages by reason of Nelson’s failure to deliver 5,000 bushels of wheat @ $3.56 per bushel as promised orally. The oral transaction of agreement of sale and purchase had been followed immediately by written confirmation mailed by Union Equity to Nelson, as contemplated by the Uniform Commercial Code, Texas Business and Commerce Code, Sec. 2.201, “Formal Requirements; Statute of Frauds.”

Subsection (b) of Sec. 2.201 provides: “Between merchants if within a reasonable time a…

2Cases cited10 opinions

  1. Southland Life Insurance v. GreenwadeTexas Supreme Court · 1942
  2. Sierens v. ClausenIllinois Supreme Court · 1975
  3. Cook Grains v. FallisSupreme Court of Arkansas · 1965
  4. Campbell v. YokelAppellate Court of Illinois · 1974
  5. Loeb and Company, Inc. v. SchreinerSupreme Court of Alabama · 1975

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Nelson v. Union Equity Co-Operative ExchangeTexas Supreme Court · 1977
  2. Perdue Farms, Inc. v. Motts, Inc. of MississippiDistrict Court, N.D. Mississippi · 1978
  3. Terminal Grain Corp. v. FreemanSouth Dakota Supreme Court · 1978
  4. Continental Grain Company v. Clem Martin and Clem Martin, Individually and D/B/A Martin Brothers & SonCourt of Appeals for the Fifth Circuit · 1976
  5. Nelson v. Union Equity Co-Operative ExchangeTexas Supreme Court · 1977

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