Legal Opinion
Presti v. Wilson
District Court, E.D. New York
Decided September 27, 1972No. 72-C-741PublishedCited by 12 opinions
1Opinion of the Court
JUDD, District Judge.
MEMORANDUM AND ORDER
A motion by defendant seller in this diversity contract action asks summary judgment against plaintiff buyer on the basis of the statute of frauds. The action is one for damages for failure to complete the sale of a race horse.
Facts
The complaint asserts that plaintiff made an oral agreement with the defend ant by a telephone call in October 1970 to buy a thoroughbred “Goal Line Stand” for the sum of $60,000, that he sent defendant a form of bill of sale and a check for the $60,000, post-dated December 1, 1970, and that defendant retained the check. It…
2Cases cited11 opinions
- Cohn v. FisherNew Jersey Superior Court Appellate Division · 1972
- Hawley v. . KeelerNew York Court of Appeals · 1873
- Young v. . IngalsbeNew York Court of Appeals · 1913
- Santi v. Denver & Rio Grande Western Railroad Co.Utah Supreme Court · 1968
- Cooper v. PedersenAppellate Court of Illinois · 1961
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cox v. CoxSupreme Court of Alabama · 1974
- Four Star Capital Corp. v. Nynex Corp.District Court, S.D. New York · 1997
- Lewis v. HughesCourt of Appeals of Maryland · 1975
- Triangle Marketing, Inc. v. Action Industries, Inc.District Court, N.D. Illinois · 1986
- Dimario v. CoppolaDistrict Court, E.D. New York · 1998
7 more not listed; retrieve them via the Exa API.