Southwest Engineering Co. v. Martin Tractor Co., Inc.

205 Kan. 684 (1970)

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Nature of the Case

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Facts

Southwest (P) entered into an agreement with Martin Tractor (D) to supply a generator and other equipment. D agreed to supply the generator for $21,500 and the additional equipment at D's cost. The original quote over the phone was $18,500 and P had used that quote to submit a bid on a government job. D's company officer memorialized the $21,500 agreement with a memorandum. D subsequently refused to perform. P purchased the items at a higher cost from another vendor. P sued D for the difference in price. D alleged that the contract violated the Statute of Frauds because the memorandum was not signed and it lacked necessary terms and that because the parties had not agreed on a method of payment, no contract existed. P won.