Question

Kurt Perschke was a grain dealer in Indiana. Perschke phoned Ken Sebasty, the owner of a large wheat farm, and offered to buy 14,000 bushels of wheat for $ 1.95 per bushel. Sebasty accepted the offer. Perschke said that he could send a truck for the wheat on a stated date six months later. On the day of the phone call, Perschke’s office manager sent a memorandum to Sebasty, stating the price and quantity of wheat that had been contracted for. One month before the scheduled delivery, Perschke called Sebasty to arrange for the loading of the wheat. Sebasty stated that no contract had been made. When Perschke brought suit, Sebasty claimed that the contract was unenforceable because of the Statute of Frauds. Was it ethical for Sebasty to raise the Statute of Frauds as a defense? Assuming that both parties are merchants, who wins the suit? Sebasty v. Perschke, 404 N. E. 2d 1200, 1980 Ind. App. Lexis 1489 (Court of Appeals of Indiana)


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  • CreatedAugust 12, 2015
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