Search Rutgers Law Library N.J. Court Opinions

1 FLAG SERVICE and MAINTENANCE INC. v. KIRCHNER TRUCK & EQUIPMENT -- rank: 1000

... the parties, who were merchants; (2) the Statute of Frauds, N.J.S.A. 12A:2-201(1), required a signed writing because the transaction was for ... 2003; and (4) the exception to the Statute of Frauds, N.J.S.A. 12A:2-201(2), and the course of performance, N.J.S.A ... 2-204(1). As to the formal elements of memorialization, N.J.S.A. 12A:2-201(1) requires that to be enforceable, "a contract involving the ... Those contracts that fail to satisfy the requirements stated in N.J.S.A. 12A:2-201(1) that are also "valid in other respects [are] enforceable ... and accepted or [the goods] have been received and accepted." N.J.S.A. 12A:2-201(3)(c). An unsigned invoice on a letterhead containing the ... he or she "has received and accepted payment." Ibid. (citing N.J.S.A. 12A:2-201(3)(c)). "Part performance by the buyer requires the ...

docket:	a2980-08
court:	NJ Superior Court Appellate Division
decided:	2010-07-02
status:	unpublished
citation:
Document Size:	33571

2 INTEGRITY MATERIAL HANDLING SYSTEMS, INC., VS DELUXE CORPORATION & PATER DIRECTOR, INC. -- rank: 1000

... within either of two exceptions to the Statute of Frauds, N.J.S.A. 12A:2-201(3)(b) (admission of contract) and (c) (part performance). Plaintiff ... governed by the UCC and specifically its Statute of Frauds, N.J.S.A. 12A:2-201. When a contract is a mixed contract for goods and ... concluded that a writing was required to form the contract, N.J.S.A. 12A:2-201(1), we must decide whether the acts of the parties ... paragraph beyond the quantity of goods shown in such writing.         [ N.J.S.A. 12A:2-201(1).]     Plaintiff does not dispute that there was not a ... or which have been received and accepted (12A:2-606).         [ N.J.S.A. 12A:2-201(3)(b), (c).]      The Statute of Frauds is a controversial ... 1677 and eventually adopted in early American common law. See N.J.S.A. 12A:2-201, New Jersey Study Comment. While some commentators believe the ...

docket:	a3500-97
court:	njappellate
decided:	1999-01-19
status:	published
citation:	317 N.J. Super. 406
Document Size:	27750

3 Pomerantz Paper Corporation v. New Community Corporation, et al. -- rank: 951

... 12A:2-602(1), or in the definition of notification, N.J.S.A. 12A:2-201(26), demands that notification be in writing. On the contrary ...

docket:	a-41-10
court:	superior court trial
decided:	2011-07-25
status:
citation:
Document Size:	102035

4 COURT PLAZA ASSOCIATES v. WAUSAU TILE, INC -- rank: 865

... 101 to -308. As to the formal elements of memorialization, N.J.S.A. 12A:2-201(1) requires that to be enforceable, "a contract involving the ... exceptions to this general rule. An unsigned writing will satisfy N.J.S.A. 12A:2-201(1) if within a reasonable time a writing in confirmation ... contents is given within ten days after it is received. [ N.J.S.A. 12A:2-201(2).] N.J.S.A. 12A:2-201(1) will also be satisfied if the goods are to ... substantial beginning of their manufacture or commitments for their procurement [.] [ N.J.S.A. 12A:2-201(3)(a) (emphasis added).] Further, a contract for sale of ... formed on either September 26, 2006 or October 9, 2006. N.J.S.A. 12A:2-201(2) and -204(1). Alternatively, the contract was formed ...

docket:	a0249-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-04
status:	unpublished
citation:
Document Size:	24274

5 PRECISION MIRROR & GLASS, INC v. LIBERTY VIEW CONSTRUCTION CORP -- rank: 793

... constitute a contract for the sale of goods. Relying on N.J.S.A. 12A:2-201, concerning contracts for custom-made goods, the judge found that ... were custom items. The court is satisfied that pursuant to [ N.J.S.A. ] 12A:2-201, the contract [is] enforceable. She found "absolutely not credible" Mocco ... made goods. See N.J.S.A. 12A:1-205; N.J.S.A. 12A:2-201(1), -201(3)(a). The testimony of both sides' witnesses ...

docket:	a5171-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-25
status:	unpublished
citation:
Document Size:	37608

6 /usr/local/share/www/libweb/collections/courts/appellate/a0280-15.opn.html -- rank: 720

... made and accepted or which have been received and accepted []. [N.J.S.A. 12A:2-201.] The evidence supports the trial judge's findings that the ... binding contract under the UCC. A contract was proven under N.J.S.A. 12A:2-201(1), because the invoices 12 A-0280-15T2 acknowledged and ... writing under the UCC. The evidence supports a finding under N.J.S.A. 12A:2-201(2) because the judge found both plaintiff and Siegmeister to ... 30,000. Finally, the evidence also satisfies a finding under N.J.S.A. 12A:2-201(3)(c). Plaintiff established he procured the telephones, was instructed ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	22931

7 J.C. DAIRY FARM, LLC v. 572 EIGHTH AVENUE MARKET CORP -- rank: 668

... exceptions to the UCC's statute of frauds requirement under N.J.S.A. 12A:2-201 apply. See N.J.S.A. 12A:2-201(3)(b)-(c); Integrity Material Handling Sys., Inc. v. Deluxe ...

docket:	a3728-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-01
status:	unpublished
citation:
Document Size:	29532

8 JOSEPH D. DEMAIO D.D.S v. EDWARD KARMIN -- rank: 637

... arrangement between the parties was not governed by the UCC. N.J.S.A. 12A:2-201 states: a contract for the sale of goods for the ...

docket:	a1033-10
court:	NJ Superior Court Appellate Division
decided:	2011-09-30
status:	unpublished
citation:
Document Size:	29100

9 P.J. FUEL, INC v. GENERAL GAS, INC. -- rank: 620

... was subject to the Uniform Commercial Code (U.C.C.), N.J.S.A. 12A:2-201, and therefore any modification of the parties' agreement required a ... enforcement is sought or by his authorized agent or broker." N.J.S.A. 12A:2-201. Notwithstanding this provision, enforcement of an oral agreement under the ... was reached and performance followed consistent with the oral agreement. N.J.S.A. 12A:2-201(3)(c); Integrity Material Handling Systems, Inc. v. Deluxe Corp ...

docket:	a1175-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-17
status:	unpublished
citation:
Document Size:	13908

10 Kathleen M. Moynihan v. Edward J. Lynch -- rank: 603

... 1;10 entering a commercial transaction to buy goods, see N.J.S.A. 12A:2-201; engaging in a consumer transaction, see N.J.S.A ...

docket:	a-64-20
court:	NJ Supreme Court
decided:	2022-03-08
status:
citation:
Document Size:	81375

11 ROBERT KILBURN v. MT. EPHRAIM CHRYSLER DODGE -- rank: 582

... to reach the dealership's Statute of Frauds argument under N.J.S.A. 12A:2-201. 10 The motion judge's bench comments appear to convey ...

docket:	a3197-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-10
status:	unpublished
citation:
Document Size:	47296

12 LEGGE INDUSTRIES, a Division of Anneg Builders, Inc., v. JOSEPH KUSHNER HEBREW ACADEMY, et al. -- rank: 565

... portion of Legge's lien claim. Footnote: 22     22 Compare N.J.S.A. 12A:2-201, barring a Statute of Frauds defense to a merchant who ...

docket:	A1049-98
court:	NJ Superior Court Appellate Division
decided:	2000-07-27
status:	published
citation:	333 N.J. Super. 537
Document Size:	81708

13 H. SCHULTZ & SONS INC v. FABRIQUE INNOVATIONS INC and SYKEL ENTERPRISES a Division of Fabrique Innovations, Inc -- rank: 558

... s contract claim is barred by the statute of frauds, N.J.S.A. 12A:2-201. We first address defendants' contention that the trial court erred ... of contract claim is barred by the statute of frauds, N.J.S.A. 12A:2-201. We decline to consider this argument because it was not ...

docket:	a1551-14
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	26889

14 McCOURT MANUFACTURING v. ATLANTIC CITY SPECIAL EVENTS -- rank: 551

... a "writing" which satisfied the statute of frauds contained in N.J.S.A. 12A:2-201(2). At the conclusion of the trial, the trial court ... upon to support the existence of a contract that satisfied N.J.S.A. 12A:2-201(2)] and did nothing. . . . [T]he problem I have is ...

docket:	a1987-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-22
status:	unpublished
citation:
Document Size:	10788

15 ESPJ CONSTRUCTION CORPORATION v. TONY SCHIAVONE -- rank: 506

... 166-67. A contract within the UCC is subject to N.J.S.A. 12A:2-201, which provides, in relevant part: (1) Except as otherwise provided ...

docket:	a5287-06
court:	njappellate
decided:	2008-07-09
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	56992