National Historic Shrines Foundation, Inc. v. Dali

4 U.C.C. Rep. Serv. 71 (1967)

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National Historic Shrines Foundation, Inc. v. Dali

New York Supreme Court
4 U.C.C. Rep. Serv. 71 (1967)

  • Written by Heather Whittemore, JD

Facts

Salvador Dali (defendant) agreed to create a painting of the Statue of Liberty in a televised event for the benefit of the National Historic Shrines Foundation, Inc. (the foundation) (plaintiff). Dali estimated that the painting, which he planned to gift to the foundation, would be worth approximately $25,000. In exchange for the painting, the foundation spent over $250 holding two events to publicize Dali’s planned television appearance. At one of those events, Dali publicly announced his intention to participate in the televised charity event. Later, Dali refused to participate in the charity event, and the event was canceled. The foundation filed a lawsuit in New York state court against Dali, alleging that Dali had breached the oral contract between the foundation and Dali. Dali moved for summary judgment, arguing that no contract had been formed between him and the foundation. In the alternative, Dali argued that the statute of frauds prohibited the foundation from enforcing the alleged contract because the contract had been made orally rather than in writing.

Rule of Law

Issue

Holding and Reasoning (Geller, J.)

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