Anchor Trading Corp. v. Joseph T. Ryerson & Son, Inc.

This action is to enforce an executory contract of sale of $13,068 worth of iron bars from defendant to plaintiff. Defendant has wholly failed to make delivery notwithstanding plaintiff’s demand. The order appealed from denies defendant’s motion to dismiss the complaint on the ground that the contract is within the Statute of Frauds.

The order should be reversed and the complaint dismissed. Section 85 of the Personal Property Law provides that such a contract is not enforcible “ unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually…