Lee v. Couch

Plaintiff brought an action against the defendant, Monte Couch, to recover on an oral contract for the sale of goods. Defendant answered that he neither ordered nor took delivery of the goods in question, and that plaintiffs claim was barred by the Statute of Frauds. At trial, there was conflicting evidence. The trial court ruled for the plaintiff and a report came before the Appellate Division. We dismiss the report as frivolous and tax the defendant double costs.

The trial court found that on or about April 28,1982, Diamond-Union Stamp Works, Inc. (Diamond-Union) agreed to sell and the…