Jonibach Mgmt. Trust v. Wartburg Enterprises, Inc.

Wartburg appealed the district court's grant of summary judgment for Bumbo, a South African seller of plastic baby seats, on counterclaims by Wartburg alleging breach of contract. The court held that Wartburg's retailer limitation claim, regarding Bumbo's insistence that Wartburg supply Wartburg's inventory of Bumbo products solely to Wal-Mart, Toys "R" Us, and Babies "R" Us, arose from the initial, admitted-to contract. As such, this claim fell under one of the exceptions to Texas's statute of frauds. Therefore, the district court erred in granting summary judgment to Bumbo as to this claim on statute of frauds grounds. The court affirmed in part, reversed in part, and remanded for further proceedings. View "Jonibach Mgmt. Trust v. Wartburg Enterprises, Inc." on Justia Law