Jannusch v. Naffziger

The Jannusches (plaintiffs) orally agreed to sell their food-concessions truck business, Festival Foods, to the Naffzigers (defendants) for $150,000; the Naffzigers paid $10,000 up front, planning to finance the rest, took possession, ran the business, bought inventory, and paid expenses, but later returned the truck and trailer when income disappointed them. The Jannusches sued for breach of contract; the trial court applied the UCC, found a contract existed, but ruled for the Naffzigers on the ground that there had been no genuine meeting of the minds, and the Jannusches appealed.