Cohen v. Wolgel
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from an order of the City Court of the city of New York, setting aside the verdict of a jury in his favor and granting a new trial.
1Opinion of the CourtBijur, J.
The issues of fact having been found in plaintiff’s favor the only question presented by this appeal is whether the contract of sale on which plaintiff sued was invalidated by non-compliance with the Statute of Frauds. It need not be decided whether there was such an “ acceptance ” of the goods as to remove the case from the statute because in my opinion the memorandum ivas ‘ ‘ signed by the party to be charged or his agent in that behalf ” as required by the Personal Property Laiv, section 85.
It is conceded that at the time of the purchase either the defendant or his fully authorized agent…
2Cases cited1 opinion
- Goldowitz v. Henry Kupfer & Co.Appellate Terms of the Supreme Court of New York · 1913
3Cited by8 opinions
- Mesibov, Glinert & Levy v. Cohen Bros. Manufacturing Co.New York Court of Appeals · 1927
- Pearlberg v. LevisohnAppellate Terms of the Supreme Court of New York · 1920
- Griffin Wellpoint Corporation v. Munro-Langstroth, Inc.Court of Appeals for the First Circuit · 1959
- Gessler v. WintonCourt of Appeals of Tennessee · 1940
- Baxter v. LustbergAppellate Division of the Supreme Court of the State of New York · 1923
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