Legal Opinion

Leach v. Weil

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

Decided December 30, 1908PublishedCited by 6 opinions

Appeal by the defendant, Henry Gr. Weil, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 18th day of May, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Miller, J.:

This is a suit to recover the agreed purchase price of 1,600 shares of stock. The defendant denies making the contract and pleads the Statute of Frauds. It is not disputed that the contract was one for the sale of property within the Statute of Frauds, and the first question to be determined on this appeal is whether the writing relied upon by the plaintiff is sufficient to satisfy the requirements of the statute.

The defendant was the vice-president and a promoter of the Baldomero Mining Company, which was supposed to own a silver mine in Mexico. The plaintiff was in the habit of…

2Cited by6 opinions

  1. Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
  2. Mandel v. Guardian Holding Co.Appellate Division of the Supreme Court of the State of New York · 1922
  3. Juilliard v. TrokieAppellate Division of the Supreme Court of the State of New York · 1910
  4. Gainsburg v. BachrackAppellate Division of the Supreme Court of the State of New York · 1934
  5. Cooper v. BrookCity of New York Municipal Court · 1950

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