Leonard Pevar Co. v. Evans Products Co.
United States District Court for the District of Delaware
524 F.Supp. 546 (1981)
Relevant factsFree
Pevar (plaintiff) claimed it reached an oral telephone agreement with Evans (defendant) to purchase plywood, later sending a written purchase order reiterating the terms; Evans acknowledged the order on a standard form containing boilerplate disclaimers and liability limitations, but argued no oral agreement had ever actually existed. Both parties moved for summary judgment on Pevar's breach of warranty claims.
IssueFree
Whether, under § 2-201 of the Uniform Commercial Code, an oral contract for the sale of goods exceeding $500 is unenforceable unless written confirmation is sent to the receiving party who does not object within 10 days.