David Taylor Co. v. Fansteel Products Co.

The real ground upon which defendant appeals is that the contract in suit is governed by the provisions of section 31 of the Personal Property Law, which provides that any contract which by its terms is not to be performed within one year must be in writing, and that if the contract is governed by that section, then that there is no sufficient memorandum of all the material terms of the alleged contract.

Under the terms of the contract between the parties the defendant agreed to buy from plaintiff “ a minimum of 67,200 lbs. tantalum oxide, equivalent to 50 gross tons 60% ore.” Under the…