The answer depends on the agreed price & whether H could contract to sell a business you both owned without your consent. If it was under $5000, AND H had authority to sell the business without your consent, you're stuck with the contract unless you can get the buyer to back out. You'll have to bribe him/her. If it was over $5000 or both of you needed to agree to sell the business, send buyer a certified, return receipt letter denying that you agreed to the sale and/or that he & H ever made a contract/agreement. Then tell buyer you & H are still considering various offers on the business & will get back to him/her if you accept his/her offer.
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§ 25-1-206. Statute of frauds for kinds of
personal property not otherwise covered.
(1) Except in the cases described in subsection (2) of this section a contract for the sale of personal property is not enforceable by way of action or defense beyond five thousand dollars ($5,000.00) in amount or value of remedy unless there is some writing which indicates that a contract for sale has been made between the parties at a defined or stated price, reasonably identifies the subject matter, and is signed by the party against whom enforcement is sought or by his authorized agent.
(2) Subsection (1) of this section does not apply to contracts for the sale of goods (G.S. 25-2-201) nor of securities (G.S. 25-8-113) nor to security agreements (G.S. 25-9-203). (1965, c. 700, s. 1; 1997-181, s. 18.)
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§25-2-105. Definitions: Transferability; "goods"; "future"
goods; "lot"; "commercial unit."
(1) "Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (article 8) and things in action. "Goods" also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (G.S. 25-2-107).
(2) Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and
identified are "future" goods. A purported present sale of future goods or of any interest therein operates as a contract to sell.
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§25-2-201. Formal requirements; statute of frauds.
(1) Except as otherwise provided in this section a contract for the sale of goods for the price of five hundred dollars ($500.00) or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing.
(3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable
(a) ***
(b) if the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or
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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
[This message has been edited by Tracey (edited June 13, 2000).]
