Rosenzweig v. Salkind

Tbe defendant appeals from a judgment awarded to tbe plaintiff after a nonjury trial. Tbe action was predicated upon an oral agreement alleged to bave been made on or about April 1, 1955, for tbe sale by tbe plaintiff to tbe defendant of 50 shares of common stock in a corporation in wbicb botb parties together witb one Scbeiner held equal stock interests.

Since it is conceded that tbe contract upon wbicb tbe action was predicated is oral, and is for tbe sale of goods valued in excess of tbe sum of $50, it would, without more, be violative of tbe Statute of Frauds (Personal Property Law, § 85).…