Azevedo v. Minister
Nevada Supreme Court
471 P.2d 661 (1970)
Azevedo (defendant) and Minister (plaintiff), both ranchers, orally agreed that Minister would sell hay to Azevedo, with Azevedo depositing funds in escrow to pay for hay as it was hauled away. Minister later sent Azevedo written account statements referencing the amount of hay taken and remaining, and Azevedo deposited additional funds but never objected to the statements' content. When Minister eventually couldn't supply all the hay Azevedo wanted due to insufficient escrow funds, Azevedo refused to buy more, and Minister sued; the parties disputed whether a specific quantity of hay had ever been agreed upon. The trial court ruled for Minister, and Azevedo appealed.
Whether a written statement confirming a prior oral agreement between merchants, sent within a reasonable time and not objected to by the recipient, satisfies the UCC statute of frauds so as to make the oral agreement enforceable.