Williams v. Southland Corp.

Smith, Judge.

Appellants sued the Southland Corporation for fraud, for breach of an oral contract, and for specific performance of a written contract. The trial court granted appellee’s motion for summary judgment as to all three counts. Appellant has abandoned the count for specific performance and appeals the granting of summary judgment as to the counts for fraud and breach of the oral contract. Finding that it was error to grant summary judgment as to those two counts, we reverse.

In 1972 and 1973 Southland performed two oral contracts it had made with appellants through Pete Overton,…