Starr v. Freeport Dodge, Inc.

These cross motions for summary judgment raise, apparently for the first time in this State, the important question as to whether, under the Uniform Commercial Code, part payment exempts an indivisible contract from the operation of the Statute of Frauds. The issue seems to have been considered in only one reported case, Williamson v. Marts (11 Pa. D. & C. 2d 33 [1956]).

Plaintiff’s action is for breach of contract and arises out of the attempted purchase by him of a new automobile from the corporate defendant, a car dealer, through the individual defendant, the salesman involved in the…