Bellas Hess & Co. v. Alexander & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bellas Hess & Co., Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of January, 1920, dismissing the complaint at the close of the plaintiff’s case.
1Opinion of the Court
Dowling, J.:
This action is brought to recover the sum of $2,250 as damages for the breach of a written agreement made on May 27, 1919, whereby defendant agreed to manufacture and deliver to plaintiff on or before July 15, 1919, seventy-five dozen of men’s silk shirts at the price of forty-eight dollars per dozen. The answer, after denying most of the allegations of the complaint, set up the Statute of Frauds,* in that the agreement was for a sale of goods for the price of more than fifty dollars, and that the agreement was not in writing nor was any delivery of any part of the goods made nor…
2Cases cited1 opinion
- Kohn & Baer v. I. Ariowitsch Co.Appellate Division of the Supreme Court of the State of New York · 1918
3Cited by1 opinion
- Seiler v. GeierNew York Supreme Court · 1947