Simplex Supplies, Inc. v. Abhe & Svoboda, Inc.

OPINION

LANSING, Judge.

This is an appeal from an adverse summary judgment in an action alleging a contract to provide paint removal abrasive on a public construction project. We reverse the summary judgment dismissing the contract claim because, on the undisputed facts, the statute of frauds does not preclude consideration of whether an oral contract exists. We affirm the dismissal on the alternative claims for fraud and promissory estoppel because the claimant has failed to demonstrate the necessary element of reliance.

FACTS

Abhe & Svoboda, Inc., and Rainbow, Inc. (joint venture), submitted a…