Question: In August 2003, R.F. Cunningham & Co., a farm products dealer, and Driscoll, a farmer, entered into an oral contract for Cunningham to purchase 4,000

  1. In August 2003, R.F. Cunningham & Co., a farm products dealer, and Driscoll, a farmer, entered into an oral contract for Cunningham to purchase 4,000 bushels of soybeans from Driscoll at a price of $5.50 per bushel. Immediately afterward, Cunningham sent Driscoll a purchase confirmation. Driscoll did not object to its contents. Driscoll thereafter refused to sell the soybeans to Cunningham. Cunningham was forced to buy the soybeans elsewhere at the then market price of $7.74 per bushel. Cunningham sued Driscoll for breach of contract, and Driscoll defended on the ground that the contract was unenforceable because it did not satisfy the statute of frauds. IS DRISCOLL CORRECT? WHY OR WHY NOT?

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