Statute of Frauds halts merger deal

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 23, 2019 3:23 PM

Mega Corp.’s amended complaint against Helmut Mueller and his companies, Helm Tool and American Injection Molding, for alleged unjust enrichment (Count 1) and conversion (Count 2) tried to sidestep the Statute of Frauds by claiming full and partial performance of an oral agreement to (a) merge their businesses, with Mega handing over its assets and 19 customers in return for a loan of $182,000; (b) hire Mega’s president, Arch Van Meter, and his wife as consultants; and (c) share the profits when the combined …

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