Question
Rafferty was the sole shareholder of Continental Corporation and, as a result, he received the all of the dividends. Continental was anxious to close an
Rafferty was the sole shareholder of Continental Corporation and, as a result, he received the all of the dividends. Continental was anxious to close an important deal for iron ore products to be used in its business. A written contract was presented to Stage Corporation for the sale of the ore to Continental. Stage, however, was cautious about signing the contract, and it was not until Rafferty called Stage Corp. on the telephone and orally stated that, if Continental did not pay for the ore, he would pay, that Stage signed the contract. Business reverses struck Continental and it failed. Stage sued Rafferty for the sales price of the ore. Rafferty asserts the defense of the Statute of Frauds (i.e. his guarantee was not in writing). Should it apply or should the main purpose/leading object exception apply? Explain.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started