No. 231 Harrisburg 1981, APPEAL FROM THE ORDER OF JULY 6, 1981 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, CIVIL NO 2927 S 1980
Robert B. Mulhern, Jr., Philadelphia, for appellant.
Richard H. Wix, Harrisburg, submitted a brief on behalf of appellee.
Wickersham, Cirillo and Watkins, JJ.
This is an appeal from an Order of the Court of Common Pleas of Dauphin County, dated July 6, 1981, whereby the appellant's motions for a New Trial and Judgment N.O.V. were denied and judgment was entered in favor of the appellee in accordance with the verdict of the jury.
In April 1979 the appellee, H.B. Alexander & Son, Inc., seeking to become the general contractor in the expansion of Penn State University's Beaver Stadium, sent a written request to the appellant, Miracle Recreation Equipment Company, to submit a bid for seating materials. The appellant was advised that H.B. Alexander's bid would have to be presented to Penn State by May 9, 1979. On May 7 the appellant's salesman telephoned an employee of H.B. Alexander and offered to supply seating materials for $24,022.00. The appellee utilized this bid in submitting its own bid to Penn State. Subsequently, H.B. Alexander was awarded the stadium contract and thereafter advised the appellant of this fact in a telephone conversation. Several
days later, H.B. Alexander sent a written vendor's order to the appellant in accordance with its quotation. Some forty days afterwards, the appellant advised H.B. Alexander that its quotation was not a fixed price but merely an estimate. H.B. Alexander purchased the materials elsewhere and brought suit against the appellant for $10,478.00, the difference between the appellant's quotation and the price they actually paid for the materials. Following a trial before the Honorable John C. Dowling and a jury, H.B. Alexander was awarded a verdict in the amount claimed plus interest and costs. Post-trial motions were filed and denied, and this appeal followed.
The question presented by the appellant to this Court on appeal is whether or not the trial court erred in refusing to apply the Statute of Frauds to the facts of this case.
The parties agree that they are merchants within the context of the Uniform Commercial Code. Regarding the formal requirements of the Statute of Frauds, the Pennsylvania Uniform Commercial Code provides:
(b) Writing confirming contract between merchants. -- Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (a) against such party unless ...