Restaurant Supply, LLC v. Giardi Limited Partnership

Summary

The court held that allegations that a property owner requested the highest and best offers, and that the plaintiff submitted the highest offer, did not sufficiently plead an auction without reserve. Because the complaint did not allege explicit terms showing that the seller intended to be bound by the highest offer, it failed to plead compliance with or an exception to the statute of frauds. The court therefore affirmed the orders striking the plaintiff's claims against both defendants.