Jones v. Wide World of Cars, Inc.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This diversity action brought under 28 U.S.C. § 1332(a)(2) arises from the retention of a $50,000 deposit furnished by plaintiff Michael Jones (“Jones”) to defendant Wide World of Cars, Inc. (“Wide World”). Jones wired this sum to Wide World on August 21, 1990 in anticipation of purchasing a Ferrari F40 automobile (“F40”). Further negotiations failed to produce a written contract; Wide World refuses to return Jones’ deposit.

Jones moves for summary judgment pursuant to Fed.R.Civ.P. 56 with respect to the following claims:

1) Wide World’s…