This section contains the nature of the case and procedural background.

Jafari (P) met a Dilorenzo (D) outside a New York art gallery. P expressed his interest in acquiring a painting by Salvador Dali. D informed P that it had no Dalis but also told him he knew of a Dali for sale. D then later sent P some transparencies of Dali's 'Grand Opera.' P made D an offer for the painting, and it was rejected. P also stated that he would not buy the painting without a certificate of authentication. D got an extension of time from the owner in which to sell the painting and D called P to give P another opportunity to buy. Because D could not supply the certificate of authentication, P requested an expert from Christie's to examine it. On January 26, 1988, that expert assured P that the painting was authentic. A price of $210,000 was agree upon, but P still demanded that D furnish the provenance. D finally obtained a letter from the noted Dali expert Robert Decharnes attesting to the authenticity of the painting. D claims that in a subsequent meeting P agreed to pay $210,000 by certified check; no check arrived. The owner gave D another extension to sell, and D against called P and P was still dissatisfied with the expert opinions. Another expert was consulted who confirmed the authenticity and D demanded immediate payment. P had no bought a check and asked D to come to his attorney's office in Philadelphia the next day for payment and if no authentication was brought he would proceed on advice of attorney. D did not promise to go and sold the painting the next day to Renee Fotouhi. The painting was then sold at Sotheby's for $330,000. P sued D and D filed for summary judgment which was granted.

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