Was the agreement one for the sale of goods, requiring a writing, or for services, enforceable with

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Was the agreement one for the sale of goods, requiring a writing, or for services, enforceable with no writing?

During the Jewish holidays, Fallsview Glatt Kosher Caterers organized programs at Kutcher’s Country Club, where it provided all accommodations, food, and entertainment.
Fallsview sued Willie Rosenfeld, alleging that he had requested accommodations for 15 members of his family, agreeing to pay $24,050, and then failed to appear or pay.
Rosenfeld moved to dismiss, claiming that even if there had been an agreement, it was never put in writing. Under UCC §2-201, any contract for the sale of goods worth $500 or more can be enforced only if it is in writing and signed. Fallsview argued that the agreement was not for the sale of goods, but for services. The company claimed that because the contract was not governed by the UCC, it should be enforced even with no writing.

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Business Law and the Legal Environment

ISBN: 978-1111530600

6th Edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson

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