Berman Stores Co. v. Hirsh

The plaintiff has brought an action to recover damages for the failure of the defendants to manufacture and deliver twenty-two hundred and fifty men’s suits of various sizes and models, in accordance with a contract which the plaintiff claims was made between the parties. The defendants pleaded as a defense the Statute of Frauds. At the close of the plaintiff’s case the complaint was dismissed on the ground that the plaintiff had failed to show that a memorandum in writing of the contract was signed by the defendants as required by the Statute of Frauds (section 85 of the Personal Property…