Legal Opinion

Leonard C. Pratt Co. v. Roseman

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 1940PublishedCited by 3 opinions

1Opinion of the CourtDore, J.

The issue on this appeal is whether the written memorandum on which defendant relies to defeat plaintiff’s claim for the agreed price of merchandise sold and delivered to defendant is unenforcible under the Statute of Frauds* because essential terms of an agreement are omitted and left for future negotiation.

On April 11, 1939, plaintiff sold defendant 10,000 pounds of yarn for the agreed price of $13,286.32 on a credit to defendant expiring September 9, 1939, and concededly completed delivery by June 16, 1939. Payment not having been made when due, plaintiff instituted this action for the…

2Cases cited4 opinions

  1. Ansorge v. KaneNew York Court of Appeals · 1927
  2. St. Regis Paper Co. v. Hubbs & Hastings Paper Co.New York Court of Appeals · 1923
  3. Sun Printing & Publishing Ass'n v. Remington Paper & Power Co.New York Court of Appeals · 1923
  4. Bell Clothes Shops, Inc. v. KamberAppellate Division of the Supreme Court of the State of New York · 1922

3Cited by3 opinions

  1. A. M. Webb & Co. v. Robert P. Miller Co.Court of Appeals for the Third Circuit · 1946
  2. Dahm v. MieleAppellate Division of the Supreme Court of the State of New York · 1988
  3. Luna v. Lower East Side Mutual Housing Ass'nAppellate Division of the Supreme Court of the State of New York · 2002

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