Cox v. Thornton Associates, Inc.

Defendant Thornton Associates, Inc. (“Thornton”) moves to dismiss the complaint for failure to state a claim upon which relief can be granted. Thornton argues that plaintiff Arthur Cox’s (“Cox”) causes of action, which are based on an oral contract, are barred by the Statute of Frauds. Cox contends that his reliance on that oral contract estops Thornton from asserting the Statute of Frauds as a defense. For the following reasons, Thornton’s motion to dismiss is allowed in part and denied in part.

BACKGROUND

For purposes of this decision, the Court accepts the factual allegations of the…