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Brooks Peanut Co. Inc. v. Great S. Peanut LLC

A broker's written confirmation of a commodities transaction was sufficient to satisfy the Statute of Frauds.

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Brooks Peanut Company, Inc. “Brooks Peanut” appeals from an order of the Superior Court of Lee County granting summary judgment to Great Southern Peanut Company, LLC “GSP” on Brooks Peanut’s claims for breach of contract, promissory estoppel, negligent misrepresentation, fraud, and attorney fees arising out of a commodities transaction. The superior court found that GSP’s alleged promise to sell peanuts to Brooks Peanut was unenforceable under the Statute of Frauds, OCGA § 11-2-201. Brooks Peanut also appeals from the order denying its motion to compel arbitration. For the following reasons, we reverse the court’s grant of summary judgment to GSP; however, we affirm the court’s order denying Brooks Peanut’s motion to compel arbitration.

1. Brooks Peanut contends that it produced evidence showing that a writing sufficient to satisfy the Statute of Frauds exists; therefore the trial court erred in concluding that GSP’s Statute of Frauds defense bars Brooks Peanut’s claims as a matter of law. We agree.

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