
    BENASIL CORPORATION, a Florida corporation, Appellant, v. AUTOMATED MEDICAL LABORATORIES, INC., a Florida corporation, Appellee.
    No. 82-754.
    District Court of Appeal of Florida, Third District.
    Feb. 8, 1983.
    Rehearing Denied March 16, 1983.
    
      Joseph Pardo, and Jeffrey Pardo, Miami, for appellant.
    Lerner & Harris, and Allan Lerner, Fort Lauderdale, for appellee.
    Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.
   PER CURIAM.

Whether there existed an oral agreement between the parties that a second shipment of goods would replace an earlier defective shipment (which had been paid for) presented an issue of material fact precluding summary judgment. Holl v. Talcott, 191 So.2d 40 (Fla.1966). Assuming that the parties had entered into such oral agreement, which discharged the buyer’s obligation to pay for the first shipment, it would not constitute a modification of the written contract for the second shipment; thus, there is no requirement that the statute of frauds be satisfied. See § 672.209, Fla.Stat. (1981).

Reversed and remanded.  