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Scenario 2 – Statute of Frauds

Scenario 2 – Statute of Frauds

 

Kathy agreed to purchase specially made cartons for one-of a kind wood sculptures from Pierce Packaging. Pierce faxed an invoice to Kathy reflecting a purchase price of $35,000, with a 20 percent down payment and the “balance due before shipment.” Kathy paid the down payment. Pierce finished the cartons and wrote Kathy a letter telling her to “pay the balance due or you will lose the down payment.” By then, Kathy had lost her customers for the cartons, could not pay the balance due, and asked for the return of her down payment.

 

Did these parties have an enforceable contract under the Statute of Frauds? Explain.

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