The Great Western Sugar Company v. Lone Star Donut Company

For the reasons stated in the careful opinion of the trial court, reported at 567 F.Supp. 340, we conclude that its judgment should be affirmed. One contention advanced to us by the appellant merits brief discussion.

The facts of the case and the court’s findings are fully set out in the trial court’s opinion. For present purposes, it suffices to state that two merchants had oral dealings which would have required written confirmation of some kind to ripen into a contract valid under the governing Texas Statute of Frauds. Tex.Bus. & Com.Code Ann. § 2.201 (Vernon 1968). One sent the other a…