Allison v. Best Recycling & Disposal, Inc.

OPINION

DAVIES, Judge.

Appellant challenges a summary judgment dismissing, on statute of frauds grounds, his action for breach of an alleged oral contract. We reverse and remand.

FACTS

In January 1993, appellant David Allison sold his business to Deer River City Disposal (Deer River). The sale included appellant’s refuse-hauling equipment and his routes and customer list. Payment was by promissory note, payable in monthly installments of $849.30 over 10 years.

In January 1995, Deer River’s tangible personal property was repossessed by Itasca State Bank and sold to respondent Best Recycling &…