Question
On April 1, Barry called Sam on the telephone and offered to purchase Sam's house in Brooklyn for $300,000, with a down payment to be
On April 1, Barry called Sam on the telephone and offered to purchase Sam's house in Brooklyn for $300,000, with a down payment to be made by Barry of 10 percent of the purchase price.They also agreed to schedule the closing for May 1.Sam accepted the telephone offer immediately and the next day, received and deposited Barry's down payment check for $30,000.
On April 1, Barry also called Judy, who owns a retail furniture store in Queens, and ordered new furniture, for $1500, to be delivered to Barry's new house and paid for on May 2.
On April 25, Barry changed his mind about both of his decisions. He notified Sam and Judy that he did not intend to go through with either contract. In the following two lawsuits, Barry pleads the statute of frauds as his defense.
(a)In an action by Sam against Barry for breach of contract, judgment for whom?Explain fully.
(b)In an action by Judy against Barry for breach of contract, judgment for whom? Explain fully.
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