Borenco Importing Corp. v. Sperber
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment of the City Court of the city of New York entered in favor of plaintiff and from an order denying defendants’ motion for a new trial..
1Opinion of the CourtWhitaker, J.
Action for goods sold and delivered.
The defense is a general denial and as a separate defense, the Statute of Frauds. The contract was verbal. The jury has found all the disputed facts in favor of plaintiff.
The appellants’ point is that the delivery proved was insufficient to take the case out of the Statute of Frauds. The goods at the time of sale were existing goods, packed in cases, ready for delivery; they were specific goods, and the record shows that appellants knew just what the goods were. The defendants, appellants, requested that the goods be delivered on December first at William…
2Cases cited4 opinions
- Shindler v. . HoustonNew York Court of Appeals · 1848
- Young v. . IngalsbeNew York Court of Appeals · 1913
- George Boiko & Co. v. Atlantic Woolen Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
- Young v. IngalsbeAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by2 opinions
- Tonkelson v. MalisNew York Supreme Court · 1922
- Gaffers-Hinman Coal Co. v. WesselNew York Supreme Court · 1928