Buffaloe v. Hart
North Carolina Court of Appeals
441 S.E.2d 172 (N.C. Ct. App. 1994)
Tobacco farmer Buffaloe (plaintiff) orally agreed with the Harts (defendants) to buy barns he had been renting for $20,000 in annual installments; afterward, Buffaloe reimbursed the Harts for insurance on the barns, told a repairman he owned them, contracted for repairs, hired an auctioneer, advertised the barns for sale, and took deposits from three buyers. When Buffaloe delivered a $5,000 check to Mrs. Hart, which he claimed was a purchase installment but the Harts claimed was rental payment, Mrs. Hart called the next night to say she'd sold the barns to someone else and later returned the torn-up check; the Harts had, in fact, sold the barns to the same buyers Buffaloe had already been dealing with.
Whether an oral contract for the sale of goods that falls within the statute of frauds can be enforced through partial performance, even without a signed writing satisfying the statute.