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S D Trading Academy, LLC v. Aafis Inc.

United States District Court, S.D. Texas, Galveston Division
Dec 3, 2007
CIVIL ACTION NO. G-06-739 (S.D. Tex. Dec. 3, 2007)

Opinion

CIVIL ACTION NO. G-06-739.

December 3, 2007


OPINION AND ORDER


Before the Court is the "Motion for Summary Judgment on Plaintiff's Breach-of-Contract Claim" filed by Defendant, AAFIS. Having considered the Motion, the Parties submissions and the arguments of counsel, the Court now issues this Opinion and Order.

Because this Court held a lengthy Hearing on the Motion, it will not take the time to recite the facts. It will only state that it has, as it must, viewed the relevant facts in the light most favorable to Plaintiffs S D Trading Academy, LLC and S D Global Trading, Inc. (S D).

BREACH OF CONTRACT CLAIM

AAFIS argues that the statute of frauds bars S D's breach of contract claim. S D, on the other hand, argues that it is entitled to overcome AAFIS's statute of frauds defense on the basis of the equitable doctrines of partial performance and/or equitable estoppel.

Partial Performance

Equitable Estoppel

See Mercer v. C.A. Roberts Co.570 F.2d 12321236-37th Exxon Corp. v. Breezebale Ltd.82 S.W.3d 429440Mercer570 F.2d at 1237E.P. Operating Co. v. MJC Energy Co. 883 S.W.2d 263268-69See also Cobb v. West Texas Microwave Co. 700 S.W.2d 615 Exxon82 S.W.3d at 441ORDER DENIED GRANTED. Campbell v. Northwestern Nat'l Life Ins. Co.573 S.W.2d 496498


Summaries of

S D Trading Academy, LLC v. Aafis Inc.

United States District Court, S.D. Texas, Galveston Division
Dec 3, 2007
CIVIL ACTION NO. G-06-739 (S.D. Tex. Dec. 3, 2007)
Case details for

S D Trading Academy, LLC v. Aafis Inc.

Case Details

Full title:S D TRADING ACADEMY, LLC, ET AL. v. AAFIS INC., ET AL

Court:United States District Court, S.D. Texas, Galveston Division

Date published: Dec 3, 2007

Citations

CIVIL ACTION NO. G-06-739 (S.D. Tex. Dec. 3, 2007)