DF Activities Corporation v. Brown case brief summary
851 F.2d 920 (1988)
Plaintiff appealed the order by the
United States District Court for the Northern District of Illinois,
which granted defendant's motion to dismiss plaintiff's suit against
defendant for breach of contract based upon Fed. R. Civ. P.
12(b)(6) and the statute of frauds found in § 2-201 of the
Uniform Commercial Code.
CASE FACTS Plaintiff sued defendant for breach of
contract. Plaintiff alleged that defendant had agreed to sell a chair
to plaintiff but instead sold it to a third party. Plaintiff sued for
the difference between the price at which the chair sold and the
contract price. Defendant moved under Fed. R. Civ. P.
12(b)(6) to dismiss the suit as barred by the statute of frauds
in the Uniform Commercial Code § 2-201. Attached to defendant's
motion was defendant's affidavit that she had never agreed to sell
the chair to plaintiff. The lower court granted defendant's motion
and plaintiff appealed. Plaintiff argued that the dismissal was
improper since plaintiff had not had an opportunity to depose
defendant. The court disagreed.
The court found that plaintiff in a
suit involving a contract covered by the statute of frauds should not
be allowed to resist a motion to dismiss, backed by an affidavit that
defendant denied the contract was made, by arguing that his changes
of success might improve in discovery.
The court ruled that once
defendant denied the contract under oath, the exception to the
statute of frauds found in Uniform Commercial Code § 2-201(3)(b) was
The court affirmed the dismissal of plaintiff's suit against
defendant since the statute of frauds in the Uniform Commercial Code
barred the suit because the contract was oral and over $ 500.00. Suggested law school study materials
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