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)
Answer to relevant QuestionsGordon Construction Company (Gordon) was a general contractor in the New York City area. Gordon planned on bidding for the job of constructing two buildings for the Port Authority of New York. In anticipation of its own bid, ...Fuqua Homes, Inc. (Fuqua), is a manufacturer of prefabricated houses. MMM, a dealer of prefabricated homes, was a partnership created by two men named Kirk and Underhill. On seven occasions before the disputed transactions ...Dr. and Mrs. Sedmak (Sedmaks) were collectors of Chevrolet Corvettes. The Sedmaks saw an article in Vette Vues magazine concerning a new limited edition Corvette. The limited edition was designed to commemorate the selection ...Holly Hill Acres, Ltd. (Holly Hill), purchased land from Rogers and Blythe. As part of its consideration, Holly Hill gave Rogers and Blythe a promissory note and purchase money mortgage. The note read, in part, “This note ...Louise Kalbe maintained a checking account at the Pulaski State Bank (Bank) in Wisconsin. Kalbe made out a check for $ 7,260, payable in cash. Thereafter, she misplaced it but did not report the missing check to the bank or ...
Post your question