Skip to main content



J.J. Matthews, L.L.C. v. Appetito Provisions Company, Inc.

A-2639-98T2 (N.J. Super. App. Div. 1999) (Unpublished)

UCC; STATUTE OF FRAUDS; PROMISSORY ESTOPPEL—While promissory estoppel constitutes an exception to the statute of frauds in circumstances not involving the sale of goods, the exception did not apply in this contract for the sale of meat.

A wholesale meat buyer claimed that its supplier failed to completely perform an alleged contractual obligation to sell ninety-nine loads of frozen meat at a discounted price. The alleged contract was oral, the customary method of doing business in the meat industry. The buyer acknowledged the applicability of the statute of frauds, but argued that it could still recover damages under the doctrine of promissory estoppel. According to the Court, that reliance was misplaced. “This was an ordinary oral agreement for the sale of goods in an amount in excess of $500.” While promissory estoppel constitutes an exception to the statute of frauds in circumstances not involving the sale of goods, the exception did not apply to this contract for the sale of meat. Further, even if the exception were applicable to the sale of goods, there was no evidence that the meat buyer incurred a detriment of a definite and substantial nature in reliance on a promise. Therefore, the exception would not have applied here.


MEISLIK & MEISLIK
66 Park Street • Montclair, New Jersey 07042
tel: 973-783-3000 • fax: 973-744-5757 • info@meislik.com