Dynegy Inc. v. Terry W. Yates, Individually, and Terry W. Yates, P.C.

in which Chief Justice JEFFERSON, Justice HECHT, Justice JOHNSON, Justice WILLETT, Justice LEHRMANN, and Justice BOYD joined.

The statute of frauds’ suretyship provision provides that an oral promise “by one *640person to answer for the debt, default, or miscarriage of another person” is generally unenforceable. See Tex. Bus. & Com. Code § 26.01(a), (b)(2). Dynegy, Inc. contends that this provision bars the current suit because both the fraudulent inducement and breach of contract claims against it are based on an oral promise to an attorney to pay the attorney’s fees incurred by one of Dynegy’s…