Atlas Railroad Construction Co. v. Commercial Stone Co.

TERPUTAC, J.,

Before the court is a motion for summary judgment based on the Statute of Frauds under the Uniform Commercial Code.

On or about December 16, 1976, plaintiff, Atlas Railroad Construction Co., a Pennsylvania corporation, was interested in bidding on a project involving the laying of railroad tracks for the Pennsylvania Department of Transportation (hereinafter Department). It is alleged by plaintiff that on that day it received from defendant, Commercial Stone Company, Inc. (hereinafter Commercial Stone), a quotation for 76,000 tons of crushed stone which was to be used as ballast…