Cox Engineering, Inc. v. Funston MacHine & Supply Co.

OPINION

FARRIS, Justice.

The primary issue in this case is whether an alleged oral agreement is brought within the “merchant’s exception” to the UCC statute of frauds by a pair of invoices sent by the seller and received by the buyer. See TEX.BUS. & COM.CODE ANN. sec. 2.201(b) (Tex.UCC) (Vernon 1968). The buyer/appellee, Funston Machine and Supply Company, moved for summary judgment on the ground that any oral agreement between Funston and the seller/appellant, Cox Engineering, Inc., was unenforceable under the applicable statute of frauds. See TEX.BUS. & COM.CODE ANN. sec. 2.201(a) (Tex.UCC)…