United States Fifth Circuit

Correspondence that stated buyer had not agreed to contract modification is sufficient to defeat modification and waiver defense at summary judgment even though buyer sent payments to seller at disputed prices and terms.

Appellate Information

• Decided 03/23/2001
• Published 03/23/2001

Judges

• SAMUEL B. KENT, District Judge:, Before HIGGINBOTHAM and DeMOSS, Circuit Judges, and KENT , District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• William Boyce Monk,John S. Bradford (argued), William Edward Shaddock, Stockwell, Sievert, Viccellio, Clements & Shaddock, Lake Charles, LA, for Taita Chemical Co., Ltd., Grant J. Harvey (argued), Gibbs & Bruns, Houston, TX, Robert E. Landry (argued), Scofield, Gerard, Veron, Singletary & Pohorelsky, Lake Charles, LA, for Westlake Styrene Corp.