AZEVEDO V. MINISTER
471 P.2d 661 (Nev. 1970)
NATURE OF THE CASE: Azevedo (D) challenged a judgment, which determined that P and
Minister (P) had an enforceable oral contract for the purchase and sale of hay, sufficiently
memorialized by confirming memoranda under the provisions of Nev. Rev. Stat. 104.2201(2).
FACTS: Azevedo (D) orally agreed to buy 1,500 tons of hay from Minister (P) for $26.50
per ton for the first and second cuttings and $28 per ton for the third cutting. D deposited
$20,000 in escrow to pay for the hay as P hauled it from his ranch. D hauled the hay and was
provided with two periodic statements showing the dates of delivery, the truckers' names,
the bale counts, the amount remaining in the escrow account and the amount of hay remaining
to be hauled. P would not release any more hay to D because the escrow account was almost
empty. D refused to buy any more hay. The parties disputed the total quantity of hay that D
was to buy. P claims that it was to be 1,500 tons. D claims that a quantity was never agreed
to. P sued D for a breach of contract; it required D to buy 1,500 tons. The trial court
found for P in that the periodic accountings prepared by P and sent to D constituted
confirming memoranda, sent within a reasonable time and thus the contract was not barred by
the Statute of Frauds under NRS 104.2201(2). D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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