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June 1, 2016Andrew Lang McKinnon
An Oral Agreement to Sell Goods is Enforceable Under an Exception in U.C.C. § 2.201’s Statute of Frauds When the Party Against Whom Enforcement is Sought Admits in Pleading, Testimony or Otherwise in Court That a Contract For Sale Was Made an Aggrieved Buyer Learns of the Breach a Commercially Reasonable Time After Learning of the Seller’s Anticipatory Repudiation
Turner v. NJN Cotton Co., 485 S.W.3d 513 (Tex. App.—Eastland 2015, pet. denied)
November 1, 2013Jonathon C. Clark
Dude, Where’s My Car? How the Proposed Uniform Certificate of Title Act Addresses Conflicts Between the Texas Certificate of Title Act and the Uniform Commercial Code
Commonly, when purchasing a vehicle, a consumer, whom we will call Joe, goes to a dealership and looks around for an affordable and suitable vehicle. After haggling with the salesperson over the terms, making a deal, and arranging a form of payment, Joe fills out paperwork to transfer the ownership of the vehicle and pays the dealer to cover the titling expenses, which the dealer promises to send to the state certificate of title (“CT”) office so that the ownership of record may be transferred to Joe pursuant to the state’s CT law.