AgriCommodities, Inc. “AgriCommodities” sued J. D. Heiskell & Company, Inc. “Heiskell”, for breach of contract, promissory estoppel, and attorney fees arising out of the necessity to cover an alleged commodities contract for the purchase of cottonseed.1 The trial court denied AgriCommodities’ motion for summary judgment, but granted Heiskell’s, finding that the evidence did not support a cause of action for breach of contract or promissory estoppel. AgriCommodities appeals from this order. For the following reasons, we affirm. Our review of the grant of summary judgment is de novo.2 To prevail at summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. Where the movant is the plaintiff, she has the burden of presenting evidence to support her claim and the burden of piercing the defendant’s affirmative defenses.3 So viewed, the record reflects that AgriCommodities and Heiskell are engaged in the business of cottonseed commodity trading. On June 6, 2003, David Murphee of Mid American Commodities “Mid American” brokered a trade between an AgriCommodities trader, Joe Rambo, and a Heiskell trader, Todd Parker, for the purchase of 16 truck loads of cottonseed at $130 per ton to be delivered at the rate of two truckloads per month from January 2004 through August 2004. On that same date, Mid American faxed a confirmation sheet to both parties setting out the terms of the sale, and noting “Subject to Credit Approval.” The confirmation was made pursuant to National Cottonseed Producers Association Rules “NCPA”. AgriCommodities’ President, Paul Rosensweig, deposed that he received a credit application from Heiskell several days later, completed the form, and faxed it back to Heiskell on June 30, 2003; however, he stated that he could not find a copy of the document nor did he ever receive written or oral notification from Heiskell approving or disapproving the credit application. Rosensweig deposed that after he purchased the cottonseed from Heiskell, he turned around and sold it to another party sometime in August or September 2003. Rosensweig explained that he subsequently sent to Heiskell at least eight “Purchase Contract Confirmations” to be signed by Heiskell, confirming the trade. The confirmations, which were not dated, were signed by Rosensweig and included the following language: “If this confirmation is not in agreement with your understanding of the contract, please notify us immediately. Failure to notify buyer within 24 hours denotes . . . acceptance of this contract as stated. Please sign and return one copy.” Heiskell did not sign or return any of the confirmations. Rosensweig further averred that AgriCommodities maintains impeccable credit and has never been turned down on a credit application.
Parker averred that on June 6, 2003, he received a call from a Mid American Commodities broker who had a buyer interested in purchasing cottonseed; that Parker quoted the broker his price for the day; and that he informed the broker that any trade would be “subject to J. D. Heiskell approving the credit worthiness of the buyer.” Parker stated that he never received oral or written confirmation from Mid American that a contract had been arranged. He further asserted that he never faxed a credit application to AgriCommodities nor received a completed application from them. Parker’s manager, John Kauffmann, similarly averred that he could find no record of a trade with AgriCommodities, or any evidence that AgriCommodities had been approved for credit.
