In august 2003, r. f. cunningham & co., a farm products dealer, and driscoll, a farmer in cayuga county, entered into an oral contract for the sale of 4,000 bushels of soybeans at a price of $5.50 per bushel, to be picked up after harvest time. immediately afterward, cunning-ham sent to driscoll a "purchase confirmation," and driscoll did not object to its contents. in october 2003, with his attorney asserting that he had no legal obligation to perform, driscoll refused to sell his soybeans to cunningham. as a result, cunningham was forced to purchase replacement soybeans at the then-prevailing market price of $7.74 per bushel. cunningham suffered a financial loss of $8,960.00, which was the difference between the contract price and cunningham’s costs to obtain the replacement soybeans. cunningham sued driscoll for breach of contract. driscoll moved for summary judgment on the ground that the contract did not satisfy the statute of frauds. did he win?