John Thallon & Co. v. Edsil Trading Corp.

The question here is: did acceptance and receipt of, and payment for, part of the. goods covered by the oral contract of sale, make that sale enforcible under the Statute of Frauds (Personal Property Law, § 85), when the buyer (defendant) had declared before such acceptance and payment that it would not take the balance of the merchandise? Our answer is in the affirmative. Agreeing with the Trial Term and the Appellate Division, we hold that defendant’s unilateral denunciation, or anticipatory breach, as to one part of the goods, could not forestall or destroy the effect assigned by the…