Also known as:F.2d · Fed. Rep. 2d · Federal Reporter 2d
Written by attorneys · grounded in primary & secondary sources — see below
A series of bound volumes that published decisions from the United States courts of appeals and certain other federal courts from 1924 to 1993.
Sources & Authorities· 10 sources
Select any source to read its text and confirm it supports the definition.
Restatements
How it applies
Common Examples
6
Pre-Contract Offer Signed by Offeror
Freya Freeman sent Floyd Franklin a signed letter offering to sell land on stated terms. Franklin orally accepted two weeks later. When Freeman later refused to perform, the court held the signed letter satisfied the statute of frauds even though it predated the contract.
Lost Memorandum Contents Proven Orally
Fumiko Fujimoto and Freeman Engineering entered an oral agreement for the sale of goods. The only signed memorandum was later destroyed in a fire. Fujimoto proved the memorandum's contents through testimony and an unsigned copy, allowing enforcement under the statute of frauds.
Felix Franco sued Fairview Manufacturing in federal court after an injury on a footpath beside railroad tracks in Pennsylvania. The court applied Pennsylvania tort law rather than a general federal rule to determine whether Franco was a trespasser.
Erie Railroad Co. v. Tompkins304 U.S. 64, 78–80 (1938)
Campaign Finance Provision Upheld
Francesca Fowler challenged a federal election law provision limiting contributions. The court upheld the restriction after finding it served the government's interest in preventing corruption without violating First Amendment protections.
McConnell v. Federal Election Commission540 U.S. 93, 226–27 (2003)
Outcome-Determinative Test Applied
Francois Fortier sued Frostline Textiles in federal court on a state-law claim. The court refused to apply a federal procedural rule that would have altered the result, holding that the state rule must govern because it was outcome-determinative.
Guaranty Trust Co. v. York[326 U.S.] at 110
Federal Rule Preempts State Penalty
Fisher Foods appealed a judgment that included a state-law penalty for frivolous appeals. The court held the federal appellate rules controlled and displaced the state penalty provision.
Burlington Northern Railroad Co. v. Woods480 U.S. 1, 4–5 (1987)
Common questions
Frequently Asked
2
Can a memorandum satisfy the statute of frauds if signed before the contract is formed?+
Yes. A signed writing made before the contract may constitute a sufficient memorandum if it contains the essential terms and is later adopted.
Supporting sources
Does destruction of the memorandum prevent enforcement under the statute of frauds?+
No. Loss or destruction of a memorandum does not deprive it of effect. Its contents may be proved by an unsigned copy or by oral evidence.
Supporting sources
304 U.S. 64, 78–80 (1938)Conflict of Laws
…brought in a verdict of $30,000; and the judgment entered thereon was affirmed by the Circuit Court of Appeals, which held, 90 F.2d 603, 604, that it was unnecessary to consider whether the law of Pennsylvania was as contended, because the question was one not of local, but of general, law and that "upon questions of…