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