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Sales Keyed to Keating
DF Activities Corporation v. Brown
Citation:
851 F.2d 920 (1988)Facts
DF Activities Corporation, owner of Domino’s pizza chain and controlled by a Frank Lloyd Wright enthusiast, sought to purchase the Willits Chair from Dorothy Brown. In September and October 1986, Sarah-Ann Briggs, DF’s art director, negotiated with Brown. DF contends that on November 26, Brown agreed by phone to sell the chair for $60,000 in two installments. On December 3, Briggs sent a confirmation letter and $30,000 check. Two weeks later, Brown returned both with a handwritten note stating she had made other arrangements. Brown later sold the chair for $198,000. DF sued for the difference. Brown moved to dismiss under the statute of frauds, submitting an affidavit denying any agreement and stating she did not recall a November 26 conversation.
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