Cohn v. Fisher

287 A.2d 222 (N.J. 1972)

Facts

Cohn (P) accepted Fisher's (D) oral offer of $4,650 for P's sailboat. D gave P a check for $2,325 on which D wrote: 'Deposit on aux, sloop, D'Arc Wind, full amount $4,650.' D notified P that he would be unable to close the deal that weekend. P refused to accept any delay and D stopped payment on his check. P sold the boat for $3,000 and sued D for $1,679.50. D admitted the oral contract and P moved for a summary judgment; UCC 2-201 requires a written memorandum for sales of goods over $500. P contends that the notation on the check meets the UCC 2-201 requirement.