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

Thomson (P) inspected used printing equipment that Goodrich (D) put up for sale. P set a purchase order for the equipment to D with a $1,000 check in part payment on the purchase price of $9,000. D did not route the letter properly through its departments and sold the equipment to someone else. P went to take delivery and discovered that the equipment had been sold. D refused to perform, and P sued D. P won the verdict, but the court ruled that the statute of frauds had not been satisfied and nullified the verdict. P appealed.

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