May Trucking Co. (May) negotiated orally and by e-mail with Volvo Trucks North America Inc. (VTN

May Trucking Co. (May) negotiated orally and by e-mail with Volvo Trucks North America Inc. (VTNA), and its dealer, TEC Equipment Inc. (TEC), for the purchase of 499 tractor trucks for $89,000 each. TEC and VTNA exchanged e-mails in which VTNA instructed TEC that “VTNA’s support for this transaction is to TEC Equipment not the customer. You will have to prepare your agreement with May Trucking based upon the support we are providing you.” TEC and May exchanged drafts of a proposed contract. TEC prepared a final draft that listed three parties; TEC, May, and VTNA, with signature lines for each. This draft was e-mailed to various persons at VTNA. VTNA decided not to sign the agreement and May sued alleging breach of contract. May alleged the e-mails between VTNA and TEC with “To” and “From” heading and initials of the persons at the end and which summarized the points to which they agreed satisfied the writing requirement of the Statute of Frauds. Did they?


Leave a Reply

Your email address will not be published.