Sw. Eng'g Co. v. Martin Tractor Co.

205 Kan. 684, 473 P.2d 18 (1970)

 

RULE:

The three invariable requirements of an enforceable written memorandum under Kan. Stat. Ann. § 84-2-201 are that it evidence a sale of goods, that it be signed or authenticated and that it specify quantity. 

FACTS:

Plaintiff sought to purchase generator equipment from defendant. Representatives from each party met to discuss terms. At the meeting, defendant's representative wrote on a piece of paper the prices for the generators, his name, and the quantity of generators. Later, defendant refused to sell the generators. Plaintiff filed an action for breach of contract. The court recognized that an enforceable contract existed between the parties. The case was appealed to the Supreme Court of Kansas.

ISSUE:

Was the contract enforceable?

ANSWER:

Yes

CONCLUSION:

Requirements for a valid and enforceable contract under Kansas law were met in defendant's piece of paper, thus evidencing an enforceable contract. The fact that payment was not agreed upon was not fatal to the agreement. The court reminded that under Kan. Stat. Ann. § 84-2-310, unless otherwise agreed, payment was due at delivery.

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