Willard v. Lewis

This is an appeal from an order of the City Court in so far as it denied the defendant’s motion to dismiss the second cause of action. Two causes were stated, the first for damages for breach of an alleged agreement by the defendant to purchase stock from the plaintiffs, and the second on an account stated arising from the transaction. Defendant pleaded the Statute of Frauds, and plaintiffs admitted in their reply that the original contract, which it was alleged had been breached, was oral.

There having been no delivery or payment, the court below dismissed the first cause of action, but it…