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Law School Case Brief

Cohn v. Fisher - 118 N.J. Super. 286

Rule:

A motion for summary judgment is designed to provide a prompt and inexpensive method of disposing of any cause which a discriminating search of the merits in the pleadings, depositions and admissions on file, together with the affidavits submitted on the motion, clearly shows not to present any genuine issue of material fact requiring disposition at a trial.

Facts:

Plaintiff seller initiated a suit alleging breach of contract against defendant buyer for not consummating the sale of boat after making an offer and a down payment on the ground that the boat survey could not be completed. The court granted plaintiff’s motion for summary judgment.

Issue:

Was summary judgment properly granted in favor of the plaintiff?

Answer:

Yes

Conclusion:

Defendant's admission in deposition that he did not condition sale on a survey eliminated any doubt as to existence of any genuine issue of material fact. As to the formality of memorialization, the required contract for sale of goods over $500 to be enforceable, had to comply with the statute of frauds. The check constituted a memorandum of the agreement. The check together with defendant's admissions constituted an enforceable contract, and partial payment for goods satisfied the statute.

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