Vanguard Energy Services, L.L.C. v. Shihadeh

Defendant purchased natural gas from Plaintiff for his business. Plaintiff filed breach of contract action when Defendant cancelled gas order. Natural gas is "goods", and price was more than $500, and thus, statute of frauds applies. Merchant exception does not apply. Plaintiff does not allege that Defendant has any knowledge or skill specifically related to natural gas industry. Defendant was an ultimate consumer, and was not a merchant when he purchased natural gas. Specially manufactured goods exception does not apply. Court properly dismissed breach of contract claims as barred by statute of frauds.(JORGENSEN and SCHOSTOK, concurring.)