Unformatted text preview: , the geographic scope, the largest toy company, in 1997
for breach of contract.
schedule for payment, and the percentage royalty.
Reed Saxon/Associated Press
Mattel asked Lamle to “draft a formal document memorializing” this
agreement and “promised [that] it would sign a formal, written contract before January 1, 1998” (Pl.App. at 59). Mattel employee Mike Bucher subsequently sent Lamle an
e-mail entitled “Farook Deal” on June 26 that substantially repeated the terms agreed to at the June 11
meeting. The salutation “Best regards Mike Bucher” appeared at the end of the e-mail. On August 13,
Mattel sent Lamle a fax indicating it was waiting for the written document. Lamle sent the requested written contract on August 19. However, Mattel decided it did not want to license Farook after all. Lamle sued
for breach of contract. Issue: Did the contract fall within the California statute of frauds? If so, can the writing requirement be
satisfied by the Bucher e-mail?
Discussion: The court emphasized that it was not deciding whether t...
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