Nordic Trading Co. v. Imperial Forwarding Co.

The motion of the defendant Imperial Forwarding Co., Inc., for judgment on the pleadings, under rule 112 of the *28Buies of Civil Practice dismissing on the merits the complaint of the plaintiff, is granted.

When the complaint and the bill of particulars are read together, it becomes apparent that no binding contract for the sale of goods was made between this plaintiff and defendant. Such a contract, to be enforcible, would have to be wholly in writing, that is, all essential terms would have to be expressed in a written contract, or else embodied in a memorandum subscribed by the party sought…