Ben-Hur Manufacturing Co. v. Empire Factors

Appellant Empire Factors Corporation appeals from a judgment holding it liable for payment for freezers which, pursuant to an oral agreement between appellant and respondent, respondent shipped to McCormack Corporation and for which it sent invoices to appellant. Appellant claims respondent’s judgment cannot stand because, first, the oral contract succumbs to the statute of frauds and, second, the court erroneously permitted respondent, after the expiration of the period of limitations, to amend its complaint, which originally alleged a common count for moneys received for the use and benefit…