Howard Construction Co. v. Jeff-Cole Quarries, Inc.
Missouri Court of Appeals
669 S.W.2d 221 (Mo. Ct. App. 1983)
Jeff-Cole Quarries (defendant) sent Howard Construction (plaintiff) a signed typed proposal for selling asphaltic rock; after a meeting where the parties may have reached an oral agreement, Howard's superintendent handwrote changes onto the proposal reflecting those discussions, but Jeff-Cole's president never re-signed the altered document. Howard then sent a purchase order matching the altered terms, Jeff-Cole never fulfilled it, and when Howard sued for breach of contract, Jeff-Cole obtained summary judgment on the theory that the altered, unsigned proposal didn't satisfy the statute of frauds.
Whether a writing satisfies the statute of frauds if it does not evidence an agreement between the parties.