Tractor Supply & Overseas Exchange Corp. v. Ellard Contracting Co.

GROOMS, District Judge.

This is an action for breach of contract to sell plaintiff three D-8 Caterpillar tractors. Defendant moves for a summary judgment, asserting that there was no note or memorandum in writing of any contract of sale signed by it, or by any agent in its behalf, and that there was no receipt and acceptance by the plaintiff of any part of the goods made the basis of the complaint, and that there was no giving of something in earnest to bind any contract, or in part payment and that, therefore, the alleged contract contravenes Title 57, § 10, Code of Alabama of 1940.1

A…