Dykes Restaurant Supply, Inc. v. Grimes

This is a case involving the statute of frauds.

After an ore tenus hearing, the trial court entered a judgment in favor of the plaintiff in the amount of $740. The plaintiff appeals and we reverse.

Viewing the record in the light of the appropriate standard, we find the following is pertinently revealed:

Plaintiff, a restaurant supply business, entered into an oral agreement to sell goods to the defendant for resale to Billy Bob's Downhome Eats restaurant. Plaintiff had earlier refused to extend credit to Billy Bob's due to its poor credit.

Plaintiff and defendant agreed that, although delivery…