James W. Smith v. International Paper Company

In this diversity action for breach of contract, the district court 1 granted summary judgment in favor of defendant International Paper Company (“IP”), concluding that plaintiff James W. Smith failed to satisfy the Missouri statute of frauds. See Mo.Rev.Stat. § 432.010. Smith appeals, conceding that the statute of frauds applies to his alleged contract to purchase an IP lumberyard, but arguing that he submitted sufficient documentary evidence of that contract. We affirm.

In 1989, IP decided to sell its retail lumberyard in Hannibal, Missouri. Smith, the lumberyard’s manager, expressed an…