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OVERVIEW: The seller asked the buyer about the market price of spring wheat. Through various discussions, the seller orally agreed to sell bushels of spring wheat. The seller received a confirmation memo of the terms of the arrangement, which he placed in his glove box until its existence was brought to his attention the next summer. The seller refused to sell the wheat to the buyer, who filed an action alleging breach of contract. The seller disputed the existence of a contract, and the trial court agreed rendering judgment in his favor. The buyer appealed the decision, contending that it was erroneous. The court noted that under Idaho Code § 28-2-204(1), to determine whether there was an enforceable contract, the trial court was required to find that the circumstances of the case, including the parties' conduct, were sufficient to show agreement. Here the court concluded that there was substantial and competent evidence that supported the trial court's determination that an agreement did not exist. Furthermore, under Idaho Code § 28-2-201, the confirming memorandum did not create an agreement that did not formerly exist.
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