Harvest Rice, Inc. v. Fritz and Mertice Lehman Elevator and Dryer, Inc.

365 Ark. 573, 231 S.W.3d 720 (2006)

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Harvest Rice, Inc. v. Fritz and Mertice Lehman Elevator and Dryer, Inc.

Arkansas Supreme Court
365 Ark. 573, 231 S.W.3d 720 (2006)

JL

Facts

Harvest Rice, Inc. (plaintiff) discussed purchasing 67,500 hundredweights of rough rice from Fritz and Mertice Lehman Elevator and Dryer, Inc. doing business as Lehman Elevator (Lehman) (defendant). On April 1, 2003, Harvest Rice faxed a buyer report to Lehman, which contained the quantity, price, date of delivery, and other terms. Lehman reportedly did not receive the report until several days later, and Lehman faxed a letter to Harvest Rice on April 15, 2003, objecting to the terms of the report. Lehman’s letter also stated that Lehman would be unable to make the sale. Harvest Rice then sued Lehman, alleging breach of contract. Lehman moved for summary judgment, arguing that the alleged oral contract violated the statute of frauds and that no oral agreement had been reached. The trial court granted the motion, and Harvest Rice appealed.

Rule of Law

Issue

Holding and Reasoning (Gunter, J.)

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