United States Eighth Circuit

District court did not err in finding statute of frauds barred a breach of contract claim in a dispute concerning a boat sale, because 1) the doctrine of part performance could not transmute a gift of navigational software into a contract for sale, and 2) software transfer papers did not constitute a sufficient writing to satisfy the statute of frauds.

Appellate Information

• Decided 12/10/2002
• Published 12/10/2002

Judges

• BOWMAN, Circuit Judge., Before BOWMAN, RICHARD S. ARNOLD, and LOKEN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Alan Marshall Anderson, argued, Minneapolis, MN (Sharna A. Wahlgren, Minneapolis, MN, on the brief), for appellant.


• For Appellees:
  
• Mark J. Briol, argued, Minneapolis, MN (William G. Carpenter, Minneapolis, MN, on the brief), for appellee.