Fairway MacHinery Sales Co v. Continental Motors Corp

May 6, 1970, the trial judge granted defendant’s motion for summary judgment because "there is no genuine issue of material fact relevant to the application of the statute of frauds * * * , plaintiff’s claim is barred by the statute of frauds and defendant is entitled to judgment as a matter of law”. Plaintiff appeals.

In August 1965, defendant invited plaintiff and others to bid on used machinery that defendant desired to sell. Plaintiff submitted a bid in conformance with defendant’s instructions. The invitation to bid and plaintiff’s bid were in writing and plaintiff’s bid was the highest…