Linn v. Mahler

Defendant moves for judgment dismissing the complaint upon the ground that the contract upon which the complaint is founded is unenforcible under the provisions of the Statute of Frauds (see Personal Property Law, § 31). The motion is made under the provisions of subdivision 7 of rule 107 of the Buies of Civil Practice.

The action is brought to recover for commissions arising out of the sale of certain companies known as Peerless Pipe & Foundry Company and Dixie Pipe & Foundry Company. The plaintiff and defendants were brokers and plaintiff, who had first been engaged by the said two companies…