Legal Opinion
Droste v. Harry Atlas Sons, Inc.
Court of Appeals for the Second Circuit
Decided February 14, 1945No. 56PublishedCited by 8 opinions
1Opinion of the Court
SWAN, Circuit Judge.
By a decision reported in 145 F.2d 899, this court reversed a judgment for the plaintiff-appellee in an action for breach of contract. Our decision went on the ground that the oral agreement sued upon was invalidated by the New York statute of frauds as construed in Cohen v. Bartgis Bros. Co., 264 App.Div. 260, 35 N.Y.S.2d 206, affirmed 289 N.Y. 846, 47 N.E.2d 443. The petition for rehearing asserts that the record of the Case on Appeal, as well as later decisions, show that we have misunderstood the Cohen case. If this be true, we shall not hesitate to change our…
2Cases cited10 opinions
- Cohen v. Bartgis Bros.Appellate Division of the Supreme Court of the State of New York · 1942
- Cohen v. Bartgis Brothers CompanyNew York Court of Appeals · 1943
- Harmon v. Alfred Peats Co.New York Court of Appeals · 1926
- Galvin v. . PrenticeNew York Court of Appeals · 1871
- Parver v. Matthews-Kadetsky Co.Appellate Division of the Supreme Court of the State of New York · 1934
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3Cited by8 opinions
- Howard Farmer v. Arabian American Oil Company (A Delaware Corporation)Court of Appeals for the Second Circuit · 1960
- Farmer v. Arabian American Oil Co.District Court, S.D. New York · 1959
- Mullaly v. Carlisle Chemical Works, Inc.District Court, D. New Jersey · 1960
- Gruber v. S-M News Co., IncCourt of Appeals for the Second Circuit · 1953
- Weinberger v. PhillipsDistrict Court, S.D. New York · 1947
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