Anderson's Business Law and the Legal Environment 20th Edition by David Twomey,Marianne Jennings

Exercise 5

Richard, a retailer of video equipment, telephoned Craft Appliances and ordered a $1,000 videotape recorder for his business. Craft accepted Richard's order and sent him a copy of the purchase memorandum that stated the price, quantity, and model ordered and that was stamped "order accepted by Craft." Richard, however, did not sign or return the purchase memorandum and refused to accept delivery of the recorder when Craft delivered it to him three weeks later. Craft sued Richard, who raised the statute of frauds as a defense. Will Richard prevail? Why or why not?