PARISH TRANSPORT LLC AND ERIC PARISH v. JORDAN CARRIERS INC., 327 So. 3d 45


Summary

ISSUE: Whether the email chain between a purported buyer and seller constituted a signed, written contract that satisfied the Mississippi Statute of Frauds. HOLDINGS: [1]-The Mississippi Uniform Electronic Transactions Act, Miss. Code Ann. §§ 75-12-1 to 75-12-39 (2016), applied because the seller's deposition testimony and the continuous email exchange between both parties for more than two months regarding the sale and purchase of equipment illustrated an agreement between the parties to conduct the sale of the equipment by electronic means; [2]-The seller was not entitled to summary judgment because the seller's name and email address in the "from" field of an email which it sent were not electronic signatures that signified an intent to accept or adopt the writing under Miss. Code Ann. § 75-1-201(37) as a genuine issue of material fact remained regarding the seller's intent.