Schwartz v. Vigden

Martin, J.:

This action was commenced in the Municipal Court, Ninth District, Manhattan, to recover damages for breach of contract to sell and deliver merchandise to the plaintiffs. The case was tried without a jury and judgment rendered for plaintiffs for the sum of $946.35. Defendant appealed to the Appellate Term, which court reversed the judgment and dismissed the complaint. (112 Misc. Rep. 451.)

Only a question of law is involved and it relates to the defense based upon the Statute of Frauds. "The Appellate Term held that the memorandum of sale does not satisfy the requirements of that…