Lee D. Vendig v. Charles R. Traylor

This is an appeal from a summary judgment granted the defendant in a suit for breach of a land sale contract. Plaintiff sued on three separate theories: contract, fraud and the Deceptive Trade Practices Act. Because plaintiffs testimony of an oral modification of the written contract is barred by the Statute of Frauds, we affirm as to the contract theory of recovery. As to the fraud and Deceptive Trade Practice Act theories, we reverse because they were not "expressly presented" to the trial court in the motion for summary judgment.