COHN V. FISHER
287 A.2d 222 (N.J. 1972)
NATURE OF THE CASE: This was a motion for a summary judgment in an action for a breach of
an oral contract. Cohn (P) moved for summary judgment against Fisher (D) in P's action
alleging breach of contract.
FACTS: Cohn (P) accepted Fisher's (D) oral offer of $4,650 for P's sailboat. D gave P a
check for $2,325 on which D wrote: 'Deposit on aux, sloop, D'Arc Wind, full amount $4,650.'
D notified P that he would be unable to close the deal that weekend. P refused to accept any
delay and D stopped payment on his check. P sold the boat for $3,000 and sued D for
$1,679.50. D admitted the oral contract and P moved for a summary judgment; UCC 2-201
requires a written memorandum for sales of goods over $500. P contends that the notation on
the check meets the UCC 2-201 requirement.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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