R.F. Cunningham & Co. v. Driscoll

OPINION OF THE COURT

Michael F. McKeon, J.

In an action involving an alleged breach of oral contract to sell soybeans, defendant farmer moves for summary judgment seeking dismissal of the complaint. As alleged in the complaint, *235plaintiff, a farms product dealer, and the defendant, a farmer in Cayuga County, entered into an oral contract on or about August 28, 2003 for the purchase and sale of 4,000 bushels of soybeans at a price of $5.50 per bushel to be picked up after harvest time. Immediately thereafter, plaintiff sent to the defendant a “purchase confirmation” to which the defendant failed…