Agatha drafted a description of the work the riding crew on the barges would be doing while the barges were being towed; this description was passed on to Aon and then to Beazley. Aon relies on Agatha’s sworn statement that “I believe that the answer I gave to Mr. Brown’s email [containing the description in question] was a fair and accurate presentation of the activities the riding crew would be undertaking.” However, Horizon is not alleging in this suit that it' believes its description of the work the riding crew would be doing while the barges were being towed was not a fair and accurate presentation of the activities the riding crew would be undertaking. Therefore, this prior sworn statement is not inconsistent with Horizon’s position in v.App.-Dallas 1981, writ ref’d n.r.e.) (<HOLDING>). 2 . The Bocanegra court expressly states this
holding that plea agreement with drug enforcement agency agent not enforceable when agent was not authorized by united states attorney to enter agreement holding part performance of an oral agreement necessary to take the oral agreement out of the statute of frauds must be consistent only  with the existence of the alleged oral contract holding that the lack of evidence of the alleged principals control over the alleged agent precludes the finding of an agency relationship holding there was fact issue as to whether agency relationship existed based on affiants testifying to alleged oral agreement to serve as agent holding that the evidence was sufficient for the jury to find that an oral agreement existed and that it was not modified