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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