De Waal v. Jamison
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ooenraad De Waal, from a judg- . ment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 22d day of March, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Smith, J.:
The contract here sought to be enforced is a contract to sell to the plaintiff upon the 11th day of August, 1914,10,000 bags of sugar at two and nine-thirty-seconds cents per pound. The defendants plead the invalidity of the contract under the Statute of Frauds. The facts of the case, as must be assumed upon the dismissal of plaintiff’s complaint, are that the plaintiff sold to the defendants 10,000 bags of sugar at the market price of two and nine-thirty-seconds cents per pound upon the third day of August, upon the promise of the defendants here sued upon to sell to the plaintiff…
2Cases cited2 opinions
- Boardman v. CutterMassachusetts Supreme Judicial Court · 1880
- Morse v. DouglassAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by5 opinions
- Rosenzweig v. SalkindAppellate Division of the Supreme Court of the State of New York · 1957
- Finlaw v. WertheimNew York Supreme Court · 1936
- Show of Month, Inc. v. Shubert Theatre Corp.New York Supreme Court · 1951
- Anchor Trading Corp. v. Joseph T. Ryerson & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1947
- Herrmann v. SeiderNew York Supreme Court · 1958