Epdee Corp. v. Richmond

1 Citing case

  1. Davis v. Sweetheart Plastics, Inc.

    635 F. Supp. 849 (D. Mass. 1986)   Cited 2 times
    In Davis v. Sweetheart Plastics, Inc., 635 F. Supp. 849 (D.Mass. 1986), Judge McNaught granted summary judgment to the defendant employer on an alleged breach of an oral contract.

    To satisfy the statute of frauds, the writing must state correctly the oral undertaking of the party sought to be charged. Epdee Corp. v. Richmond, 321 Mass. 673, 75 N.E.2d 238 (1947). As the Tufenkjian memorandum speaks only to negotiations which took place for the purpose of entering into a new and separate undertaking, it cannot be construed as a sufficient writing memorializing the oral agreement on which the plaintiff sues.