Abhe & Sxoboda, Inc. and Rainbow, Inc., a joint venture, made a bid to the State of Minnesota…

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Abhe & Sxoboda, Inc. and Rainbow, Inc., a joint venture, made a bid to the State of Minnesota to sandblast, repair, and repaint a bridge. Simplex Supplies, Inc. faxed the joint venture an offer to provide an abrasive agent for removing the paint. The offer contained the project number and the contract amount of $362,500. The joint venture submitted to the state a Description of Work, an affidavit signed by Rainbow’s president, and a Request to Sublet, all saying Rainbow would subcontract to Simplex and listing the project number and the contract amount. After the state awarded the contract to the joint venture, it denied that it had a contract with Simplex. Simplex sued and the joint venture alleged since there was no written contract, the Statute of Frauds barred enforcement of the oral contract. Was there a writing sufficient to satisfy the Statute of Frauds?

 

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