In August 2003, R.F. Cunningham & Co., a farms product dealer, and Driscoll, a farmer in Cayuga County, entered into an oral contract for the sale of 4,000 bushels of soybeans at a price of $5.50 per bushel, to be picked up after harvest time. Immediately afterward, Cunningham sent to Driscoll a "purchase confirmation," and Driscoll did not object to its contents. Later in October 2003, Driscoll's lawyer claimed that his client had no legal obligation to complete the contract and refused to sell his soybeans. As a result, Cunningham was forced to purchase replacement soybeans at the then prevailing market price of $7.74 per bushel, and suffered a financial loss of $8,960.00, which was the difference between the contract price and Cunningham's costs to obtain the replacement soybeans.
Cunningham sued Driscoll for breach of contract.
Driscoll moved for summary judgment on the ground that the contract did not satisfy the statute of frauds. Will he win?