Eagle Paper Box Co. v. Gatti-McQuade Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, in favor of the plaintiff for $1,063.
1Opinion of the CourtWeeks, J.
This action is brought to recover damages for the failure of defendant to deliver fifty-four tons of chip board under an oral contract made on January 26, 1916, as to which it was claimed written communications were thereafter had.
In addition to a general denial, defendant pleaded the Statute of Frauds as an affirmative defense.
The plaintiff claims that the case does not come within the statute because the goods were not in existence when the contract was made and were to be manufactured especially for the buyer, and were not suitable for sale to others in the ordinary course of the seller’s…
2Cases cited18 opinions
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Stone v. . BrowningNew York Court of Appeals · 1877
- Bacon v. ParkerMassachusetts Supreme Judicial Court · 1884
- Courtright v. StewartNew York Supreme Court · 1854
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3Cited by8 opinions
- Nationwide Papers, Inc. v. Northwest Egg Sales, Inc.Washington Supreme Court · 1966
- Carlson, Holmes & Bromstad, Inc. v. M. I. Stewart & Co.New York Supreme Court · 1932
- E. G. Lumber Co. v. New York Bondstone Corp.Appellate Terms of the Supreme Court of New York · 1958
- North American Seed Co. v. Cedarburg Supply Co.Wisconsin Supreme Court · 1945
- H. W. Myers & Son, Inc. v. FelopulosSupreme Court of Vermont · 1950
3 more not listed; retrieve them via the Exa API.