Equitable Factors Co. v. Chapman-Harkey Co.

WEBB, Judge.

We hold that the papers relied on by the parties in this case show that there is a genuine issue of a material fact. The pleadings of defendant raise two defenses to the claim of plaintiff. They are (1) the goods were sold on a “guaranteed sales basis” and (2) certain advertising bills were to be paid from the proceeds of the sale.

We discuss first the “guaranteed sale basis.” Under the Uniform Commercial Code there is a statute of frauds, G.S. 25-2-201, and a parol evidence rule, G.S. 25-2-202, which are made applicable to the case sub judice by G.S. 25-2-326(4) which provides:

Any…