Lonnie Hayes & Sons Staves, Inc. v. Bourbon Cooperage Co.

HOWARD, Judge.

The appellant appeals from a summary judgment granted by the Marion Circuit Court awarding the appellees money due on a note and dismissing the appellant’s counterclaim and third-party complaint on the grounds of the Statute of Frauds.

The appellant, Lonnie Hayes & Sons Staves, Inc., produced wooden staves for whiskey barrels. Hayes had supplied staves to the appellee, Bourbon Cooperage Company, since 1966. All of these dealings had been on an oral basis.

In the fall of 1979, Bourbon advanced funds to Hayes for the purchase of a stave mill. Hayes claims that Bourbon agreed to take…