Kirin Produce Co. v. Lun Fat Produce, Inc.

The plaintiff, Kirin Produce Co., Inc. (Kirin), appeals from a judgment entered by a judge of the Superior Court dismissing its amended complaint for failure to allege facts plausibly suggesting that the parties entered into an enforceable agreement that satisfies the Statute of Frauds, and declaring the rights of the parties. In so doing, the judge concluded that Kirin is not entitled to specific performance, nor to challenge any agreement by Lun Fat Produce, Inc. (Lun Fat), to sell Lun Fat's business and property to a third party. We affirm the portion of the judgment allowing the motion to…