Legal Opinion

Metal Associates, Inc. v. East Side Metal Spinning & Stamping Corp.

Court of Appeals for the Second Circuit

Decided December 5, 1947No. 74, Docket 20742PublishedCited by 6 opinions

1Opinion of the Court

FRANK, Circuit Judge.

The evidence shows that the parties had oral discussions as to the terms of their agreements and that subsequently they executed writings, signed by both parties, which contained everything they had discussed orally. Defendant argues that the agreements did not create valid binding contracts; in the alternative, defendant ar-

gues that, even if the contracts were valid and binding, they were oral and unenforceable under the Statute of' Frauds, New York Personal Property Law, Consol.Laws, c. 41, § 31.2

1. The first argument as to each of the agreements is, in effect, as…

2Cases cited8 opinions

  1. Donald Friedman & Co. v. NewmanNew York Court of Appeals · 1931
  2. Brauer v. . Oceanic Steam Navigation Co.New York Court of Appeals · 1904
  3. Town of Readsboro v. Hoosac Tunnel & WR Co.Court of Appeals for the Second Circuit · 1925
  4. Miller v. MillerCourt of Appeals for the Tenth Circuit · 1943
  5. Scott v. Engineering News Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Consolidated Theatres, Inc. v. Theatrical Stage Employees Union, Local 16California Supreme Court · 1968
  2. Diematic Manufacturing Corp. v. Packaging Industries, Inc.District Court, S.D. New York · 1974
  3. Retail Associates, Inc. v. MacY's East, Inc.Court of Appeals for the Eighth Circuit · 2001
  4. Retail Associates v. Macy's EastCourt of Appeals for the Eighth Circuit · 2001
  5. Uintah Basin Medical Center v. HardyUtah Supreme Court · 2002

1 more not listed; retrieve them via the Exa API.

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