Migerobe, Inc. v. Certina USA, Inc.

Facts

Plaintiff contacted a salesman of Defendant about purchasing a large portion of Defendant’s inventory at reduced prices. Plaintiff agreed to purchase, and the salesman agreed to sell, over 2,000 Defendant’s watches at a special price of $45 per watch. A signed internal memorandum from Defendant’s vice president of retail sales to its chief financial officer stated that the salesman “ha[d] been authorized to sell” Defendant’s watches to Plaintiff at the special $45 price. Another signed memorandum to Defendant’s employees announced a new promotion code that was set up to cover Plaintiff’s special order. An unsigned order form from Defendant listed the quantity, styles, and prices of the watches ordered by Plaintiff. Defendant’s national accounts manager later told Plaintiff that it would not ship the watches that Plaintiff had ordered. Plaintiff sued for repudiation of the contract. The jury found that Defendant had breached its contract and awarded damages to Plaintiff. Defendant appealed, arguing that Plaintiff did not present any writings sufficient to satisfy the statute of frauds.