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Contracts Keyed to Farnsworth
Trinidad Bean & Elevator Co. v. Frosh
Citation:
94 N.W.2d 347 (Neb. 1992)Facts
Trinidad Bean & Elevator Company, a bean dealer, alleged that its agent, Newell, entered into an oral contract with Frosh, a bean farmer, for the purchase of 3,000 hundredweight of beans at $13 per hundredweight. Following this oral agreement, Trinidad sent a written confirmation to Frosh. When bean prices rose significantly, Frosh refused to deliver the beans, claiming he never received the confirmation and denying the existence of any contract. Trinidad sued for specific performance or damages. Frosh contended that even if there was an oral agreement, it was unenforceable under the Statute of Frauds since he never signed any written contract. The case centered on whether the merchant’s exception to the Statute of Frauds applied, which would make the oral contract enforceable despite the lack of a signed writing.
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