Quote:
Originally Posted by Peter_Spaeth
The complaint begins by claiming conversion of the jersey, but for some reason does not assert it as an actual count. And I agree, I would think Goodwin's (alleged) taking possession of the jersey would take the case out of the statute of frauds which applies to alleged executory contracts as I recall.
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Yes, Kranepool's part performance by delivering the jersey (his affidavit of doing so should be sufficient to defeat a motion for summary disposition) would take it out of the statute of frauds requiring agreements relating to the sale of goods over $500 to be in writing.
Further, I've personally had numerous dealings with Bill Goodwin over the years, both consigning and buying, and have always found him to be straightforward, honest, and above board.
Best wishes,
Larry