JOHNSON CONTROLS, INC., a Wisconsin corporation, and JOHNSON CONTROLS AUTOMOTRIZ MEXICO DE RL DE CV, a foreign corporation, Plaintiffs, v. TRW VEHICLE SAFETY SYSTEMS, INC., a Delaware Corporation, Defendant., 491 F. Supp. 2d 707

Summary

The court denied the motions. The court held that the statute of frauds did not bar enforcement of the agreement as Mich. Comp. Laws § 440.2306 contemplated contracts with indefinite quantity terms. Thus, the court declined to analyze the purported quantity term in terms of its definiteness. The court found that the purchase orders, in combination with plaintiff's global terms of purchase, contained a satisfactory quantity term for the purposes of Mich. Comp. Laws § 440.2201. The court concluded that a quantity term appeared in the writing, albeit an ambiguous one, and that the offered writings provided a basis for believing that a contract in fact existed. Thus, the statute of frauds had been satisfied, particularly to the extent performance had been rendered pursuant to § 440.2201(3)(c). The court further held that questions of fact remained as to whether the agreement was unenforceable for lack of consideration. Viewing the evidence in the light most favorable to plaintiff, ...