Df Activities Corporation v. Brown

851 F.2d 920 (7th Cir. 1988)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

DF (P) was controlled by a Frank Lloyd Wright enthusiast. Brown (D) lived in the Willits House designed by Wright and P wanted to buy the Willits Chair. P's art director contends that a verbal agreement to sell was entered into on November 26, 1986, to sell for $60,000 in two equal installments due on December 31 and March 26. A letter with the first installment was mailed but then returned with a note indicating that the chair was sold to another. The chair was sold for $198,000. P sued D for the difference between its alleged sale price and the $198,000. D moved to dismiss under Rule 12(b)(6) as barred by the statute of frauds Uniform Commercial Code § 2-201(3)(b). The motion was granted, and P appealed.