Breach of Contract—Seller Entitled to Summary Judgment For Liquidated Damages—Buyer Stopped Payment on a Down Payment Check—Joint Venture Proposal Subject to Written Agreement—Failure to Pay the Down Payment Did Not Mean Contract Had Not Been Formed—Party Cannot Use Its Failure to Perform to Avoid Its Contractual Liability—Statute of Frauds Barred Alleged Oral Agreement—A Party’s Expressed Intent to Not Be Bound Absent a Written Agreement Should Not Be Undermined
A plaintiff sued for “breach of contract, failure of collection on a check for $100,000 from the account of defendant [individual defendant]…, and failure of collection on a check for $115,000 from the account of defendant’s” professional corporation (corporation). The defendant counterclaimed for rescission. The plaintiff moved for summary judgment.
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