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Originally Posted by the
So if the Statute of Frauds operates to make the agreement between K. Roman and his ex-friend "void," the ex-friend gets to simply keep the $7500?
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Not necessarily. The SOF in simple terms is a defense against the enforcement of a contract. The emails he refers to may be enough to defeat the SOF defense. Depends on state law and where exactly the contract was to be performed or whether he can invoke long arm statutes to drag him to California. He may be able to recover under a tort theory of conversion, unjust enrichment, fraud in the inducement, etc.
On the other hand, what was their relationship? Partners? Venture capitalist/entrepreneur? Lender/borrower? Was there a contingency if 8,000 CD's weren't sold? In the event there was a suit against them for copyright infringement, who was liable? Lots of things control how their relationship is defined....