You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

M & M Flying Service, Inc. v. Andalusia-Opp Airport Authority

Citations: 541 So. 2d 556; 1989 Ala. Civ. App. LEXIS 49; 1989 WL 14179Docket: Civ. 6687

Court: Court of Civil Appeals of Alabama; February 21, 1989; Alabama; State Appellate Court

EnglishEspañolSimplified EnglishEspañol Fácil
M. M Flying Service, Inc. (M. M) appeals a summary judgment favoring the Andalusia-Opp Airport Authority (the Authority) concerning a management contract that lasted from January 1, 1983, to December 31, 1987. Upon expiration, the Authority, under new management, sought to negotiate a renewal, which M. M refused, claiming an oral agreement from 1983 allowed it to continue operations until 1993. Following failed negotiations, the Authority requested M. M cease operations, leading to a declaratory judgment and a temporary injunction against M. M.

M. M counterclaimed for breach of contract and fraud, but the Authority moved for summary judgment, which was granted, resulting in a permanent injunction against M. M. On appeal, M. M contends that there was a genuine issue of material fact regarding the necessity of the management contract for its commercial activities. However, the court found that even if an oral agreement existed, it would be unenforceable under the Statute of Frauds because it was intended to last beyond one year without written evidence.

M. M's argument that the Statute of Frauds should be estopped due to five years of performance was rejected, as the original management contract sufficiently governed M. M's operations during that time. The court upheld the summary judgment, stating that no genuine material fact issue warranted reversal. M. M's counterclaim was also dismissed as it was based on the unenforceable oral agreement. The court affirmed the trial court's ruling with all judges concurring.