Apple's Mobile Catering, LLC v. O'Dell

EISMANN, Chief Justice.

This is an appeal from a judgment in favor of the purchaser of goods under a written contract that the parties had orally modified. Because the contract, as orally modified, had been fully performed, we hold that its enforcement was not barred by the statute of frauds and affirm the judgment.

I.FACTS AND PROCEDURAL HISTORY

Thomas and Sheila O’Dell (Sellers) owned a mobile catering business providing meals to wildland firefighters. In July 2001, Sellers and Apple’s Mobile Catering, LLC, (Buyer) entered into a written contract entitled “Asset Purchase Agreement” under which…