Rothenberg v. H. Rothstein & Sons

KALODNER, Circuit Judge.

On this appeal, the parties have presented two issues for determination; (1) whether the defendants properly raised their defense based on the Statute of Frauds contained in the Pennsylvania Sales Act, 69 P.S. § 42, and (2) whether the learned trial judge erred in holding that the contract involved was outside the statute. However, on examination, the record discloses another, and more important, issue which, because it was not here developed hy the parties, warrants the granting of an opportunity for them to do so.

Rothenberg commenced this litigation by complaint to…