QUINCY PARK DISTRICT, Claimant, v. THE STATE OF ILLINOIS, ’ Respondent.

Case summary

The claimant sought to enforce an oral contract for the sale of a tramway over $500. The court dismissed the claim for failure to comply with the Statute of Frauds.

Claim type: Contract

Statutes cited: Ill. Rev. Stat. 1983, ch. 26, par. 2-105; Ill. Rev. Stat. 1983, ch. 26, par. 2-201(1)

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

CONTRAcTS-alleged oral contract-exceeded $m-statute o f Frauds violated-claim dismissed. A park district’s claim for the price 0f.a tramway which the State allegedly orally contracted to buy was dismissed for failure to comply with the Statute of Frauds, since the price exceeded $500, and,the tramway constituted “goods” for purposes of the Uniform Commercial Code, and therefore the contract was unenforceable without a writing evidencing the alleged contract, signed by’the party sought to be charged.

GOEHL & SCHUEFUNG, for Claimant. NEIL F. HARTIGAN, Attorney General (SUE MUELLER, Assistant Attorney General, of counsel), for Respondent.

HOLDERMAN, J.

This cause having come for consideration on the Respondent’s motion to file affirmative defenses instanter and the Court being duly advised in the premises:

Finds, that the price of the tramway, which Respondent allegedly orally contracted to buy, exceeds $500.00. The said tramway is a “good” within the definition of “goods” provided by the Uniform Commercial Code. (Ill. Rev. Stat. 1983, ch. 26, par. 2- 105.) A contract of the sale of goods for a price exceeding $500.06 is unenforceable without a writing evidencing the alleged contract and signed by the party against whom enforcement is sought. Ill. Rev. Stat. 1983, ch. 26, par. 2-201(1).

It is hereby ordered, that Claimant’s complaint is dismissed for failure to comply ’with the Statute of Frauds. Ill. Rev. Stat. 1983, ch. 26, par. 2-201(1).