Harry Kaufman v. George Solomon and George Teslovich, Individually and Trading as Solomon& Teslovich

OPINION OF THE COURT

WEIS, Circuit Judge.

This appeal has its basis in an alleged oral contract for the sale of an item of construction equipment, a 475 Michigan Loader, Series III, 12 cubic yard, at a price of $60,000.00. The district court granted the defendants’ motion for summary judgment on the ground that the statute of frauds provision of the Uniform Commercial Code, § 2-201, barred the action. We conclude that the existence of a factual issue as to the payment-and-acceptance exception of the statute requires that the judgment be vacated and the case remanded.

The facts, gleaned from the…