Azevedo v. Minister

471 P.2d 661 (Nev. 1970)

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Nature of the Case

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Facts

Azevedo (D) orally agreed to buy 1,500 tons of hay from Minister (P) for $26.50 per ton for the first and second cuttings and $28 per ton for the third cutting. D deposited $20,000 in escrow to pay for the hay as P hauled it from his ranch. D hauled the hay and was provided with two periodic statements showing the dates of delivery, the truckers' names, the bale counts, the amount remaining in the escrow account and the amount of hay remaining to be hauled. P would not release any more hay to D because the escrow account was almost empty. D refused to buy any more hay. The parties disputed the total quantity of hay that D was to buy. P claims that it was to be 1,500 tons. D claims that a quantity was never agreed to. P sued D for a breach of contract; it required D to buy 1,500 tons. The trial court found for P in that the periodic accountings prepared by P and sent to D constituted confirming memoranda, sent within a reasonable time and thus the contract was not barred by the Statute of Frauds under NRS 104.2201(2). D appealed.