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Where a plaintiff has alleged (1) that it contracted with the defendant corporation and its codefendant owner to purchase the corporation's assets and to lease for three years and then purchase the property where the corporation is located and (2) that the owner instead agreed to sell all shares of stock and the property in question to a third party, the complaint must be dismissed based on the Statute of Frauds.
"(Plaintiff) Kirin's amended complaint alleges the following facts. Kirin and (defendant) Lun Fat both sell produce on a wholesale and retail basis. In May 2015 these companies began to discuss the possibility of Kirin purchasing Lun Fat's business assets as well as the property where Lun Fat is located, which is owned by the Tam Realty Trust (the 'Trust Property'). The negotiations went nowhere for fifteen months. In August 2016 Kirin learned that a group of investors from New York had expressed interest in buying Lun Fat and the Trust Property. This prompted Kirin to make a series of three proposals regarding terms under which it would be willing to buy Lun Fat's assets, to lease the Trust Property for three years, and to purchase the Trust Property at the end of that three-year period. Kirin laid out the terms of these proposals in spreadsheets that it sent to Peter Tam on August 22, September 7, and September 12, 2016....