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Buffaloe v. Hart

Buffaloe v. Hart - Contracts 10/27 Sale of Goods Statute of...

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Contracts 10/27 Sale of Goods Statute of Frauds: UCC §2-201 335-347 Buffaloe v. Hart, North Carolina Court of Appeals, 1994 Facts : Plaintiff is suing for breach of contract and damages. Defendants deny the existence of the contract and say the alleged contract is unenforceable because it violates the statute of frauds. Plaintiff is a tobacco farmer who rented from defendants (through an oral agreement) five tobacco barns. Plaintiff began to negotiate a purchase of the barns. He offered $20,000 for the five barns paid over 4 years. The offer was accepted with a handshake. On January 3, 1989, plaintiff applied for a loan but was denied. Defendants agreed to pay insurance for the barns in 1989 if plaintiff would pay them back. They were paid backed on October 20, 1989. Plaintiff said that he only agreed to pay insurance after he had purchased the barns. Plaintiff decided to sell the barns. He found 3 people to purchase them for $8,000 each. Plaintiff met with defendant and paid $5,000 (check) for the barns. When asked if he wanted a receipt, plaintiff said no. The next day, defendant called plaintiff and said she didn’t want to sell the barns. She had already sold them (to the same people plaintiff had agreed to sell to). Issues : (1) whether a personal check signed by plaintiff describing the property involved and containing an amount representing partial payment is sufficient to constitute a writing under the statute of frauds; and (2) whether there is substantial relevant evidence that plaintiff “accepted” the barns and defendants “accepted” plaintiff’s check, taking the contract out of the statute of frauds.
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