Kohn & Baer v. I. Ariowitsch Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, 1. Ariowitsoh Co., Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of June, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The action is brought by the vendee under an executory contract for the sale and delivery of muskrat skins to recover damages on the ground that the vendor failed to perform. No consideration was paid and the contract was performed neither in whole nor in part. The important questions presented by the appeal arise on the defendant’s plea of the Statute of Frauds. Both parties are domestic corporations.
The plaintiff claims and the trial court held that there was a sufficient memorandum in writing signed by the defendant within the Statute of Frauds. It is uncontroverted that on…
2Cases cited2 opinions
- Justice v. . LangNew York Court of Appeals · 1870
- Bristol v. MenteAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Reynolds v. Omaha General Iron WorksNebraska Supreme Court · 1920
- Bellas Hess & Co. v. Alexander & Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Hannon v. Robinson, Court of Common Pleas of Ohio, Franklin County, Civil Division1944