Anna advertised her 2013 Honda Civic Hatchback for sale in alocal newspaper for $11,500 or best offer. Lucy saw the ad and madean appointment with Anna to inspect car. After discussing, Lucyproposed to pay Anna $10,500 for the car, with deposit of $3,000 incash, and Lucy would pay the balance next week when she could comeback with a check of $7,500 to pick up the car. Then Anna agreedand wrote out a simple receipt for Lucy’s deposit.
Week after, Lucy did not appear or respond to Anna’s phone callsconcerning the car. Anna was upset because of Lucy's disappearance.Therefore, Anna sold the car to another buyer for $10,000. Afterthat, Anna called the lawyer to handle her car, and filed adistrict court action against Lucy for receiving less than theagreed price, plus her incidental costs and lawyer’s fees. Afterreceiving service, Lucy filed a Notice of Intention to Defend,where she generally denied Anna’s complaint, and also raised theaffirmative defense of the statute of frauds under UCC § 2-201.
Discuss whether UCC § 2-201 excuses Lucy’s performance under thecontract.
