Evans v. Pelta
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendants, Charles J. Pelta and another, doing business under the firm name, etc., from an order of the.
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Appeal by the. defendants, Charles J. Pelta and another, doing business under the firm name, etc., from an order of the. Appellate Term of the Supreme Coui;t, entered in the office of the clerk of the county of New York on the 13th day of March, 1911, affirming a judgment of the City Court of the city of New York in favor of the plaintiffs entered in the office of the clerk of said City Court on the 5th day of December, 1910, upon the verdict of a jury rendered by direction of the court in an action for goods sold and delivered.
1Opinion of the Court
Miller, J.:
The question involved in this case is whether the defendants’ letters were sufficient to take the contract of sale out of the operation of the Statute of Frauds. It appears that on the 7th of December, 1907, the defendants at Colorado Springs, Col., gave the plaintiffs’ agent an order for merchandise of the value of $366.45. While a memorandum of the order was made by the agent and transmitted to the plaintiffs, it was not signed by the defendants. On March 4, 1908, the defendants wrote *750the plaintiffs, acknowledging 'that they “placed an. order for a few skirts Dec. 7th ” and…
2Cases cited1 opinion
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
3Cited by7 opinions
- Carter, Macy Co. v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1927
- Delaware Mills, Inc. v. Carpenter Bros.Appellate Division of the Supreme Court of the State of New York · 1922
- Poel v. Brunswick-Balke-Collender Co.Appellate Division of the Supreme Court of the State of New York · 1913
- James Talcott, Inc. v. GreensteinAppellate Division of the Supreme Court of the State of New York · 1924
- Bauman v. Mendle-Lunepp Co.Appellate Terms of the Supreme Court of New York · 1915
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