Gerner v. Vasby

An action was brought by Willard E. Gerner in which he claimed that the defendants, Helmer Vasby and Joannes Vasby, doing
business as Vasby Farms Grain Service, owed him a balance of $23,949.67 for corn delivered to Vasby on December 18, 1973.
Vasby answered, denying that he owed the balance to Gerner and alleged as an affirmative defense that he had, on April 4,
1973, entered into an oral contract with Gerner for the future delivery of corn and that the price agreed upon for that corn
was $1.25 per bushel and the quantity of corn sold was 10,000 bushels. He alleged that he had tendered the purchase price
to Gerner in accordance with the terms of the contract. After a trial to the court, although the trial Judge found the contract did not comply with the statute of frauds, he found
that there was part performance, which, under the Uniform Commercial Code, was sufficient to satisfy the statute. The trial
court held that the tendered payment by Vasby represented full payment in accordance with the contract, and accordingly judgment
was entered dismissing the plaintiff's complaint. We affirm the judgment.