DF ACTIVITIES CORPORATION V. BROWN
851 F.2d 920 (7th Cir. 1988)
NATURE OF THE CASE: This was a dispute over the sale of a chair. DF (P) appealed an
order, which granted Brown's (D) motion to dismiss P's suit against for breach of contract
based upon Fed. R. Civ. P. 12(b)(6) and the statute of frauds found in 2-201 of the
Uniform Commercial Code.
FACTS: DF (P) was controlled by a Frank Lloyd Wright enthusiast. Brown (D) lived in the
Willits House designed by Wright and P wanted to buy the Willits Chair. P's art director
contends that a verbal agreement to sell was entered into on November 26, 1986 to sell for
$60,000 in two equal installments due on December 31 and March 26. A letter with the first
installment was mailed but then returned with a note indicating that the chair was sold to
another. The chair was sold for $198,000. P sued D for the difference between its alleged
sale price and the $198,000. D moved to dismiss under Rule 12(b)(6) as barred by the statute
of frauds Uniform Commercial Code 2-201(3)(b). The motion was granted and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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