Question
Joe Miller, a retailer of fishing equipment, telephoned Park Supplies, and placed an order for fishing rods totaling $2,000. Park accepted Joe's order and sent
Joe Miller, a retailer of fishing equipment, telephoned Park Supplies, and placed an order for fishing rods totaling $2,000. Park accepted Joe's order and sent him a copy of the purchase memorandum that stated the price, quantity, and models ordered and that was stamped "order accepted by Park Supplies." Joe, however, did not sign or return the purchase memorandum and refused to accept delivery of the fishing rods when Park delivered them to him two weeks later. Park sues Joe, who raised the statute of frauds as a defense. Will Joe prevail? Utilizing the material covered in this section, explain why or why not?
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