Legal Opinion
Indiana Limestone Co. v. Harry Bernstein Cut Stone Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 13, 1942PublishedCited by 5 opinions
1Opinion of the CourtUntermyer, J.
The plaintiff’s motion for summary judgment dismissing the setoff asserted in the defendant’s amended answer has been granted by the Special Term upon the ground that the contract therein alleged is unenforcible by reason of the Statute of Frauds.
In its setoff the defendant asserts a contract whereby the plaintiff’s assignor agreed to furnish to the defendant a quantity of limestone to be quarried and cut in conformity with plans and specifications for the construction of two schools by the board of education. It appears not to be disputed that the limestone was to be cut to special sizes and…
2Cases cited2 opinions
- Gura v. HermanAppellate Division of the Supreme Court of the State of New York · 1929
- Gura v. HermanNew York Court of Appeals · 1930
3Cited by5 opinions
- Tradeways Incorporated, Plaintiff-Appellee-Appellant v. Chrysler Corporation, Defendant-Appellant-AppelleeCourt of Appeals for the Second Circuit · 1965
- E. G. Lumber Co. v. New York Bondstone Corp.Appellate Terms of the Supreme Court of New York · 1958
- Gallo v. Brengard Construction Co.Appellate Division of the Supreme Court of the State of New York · 1956
- J. P. Anderson Co. v. Gold Medal Candy Corp.District Court, E.D. New York · 1950
- Tradeways Incorporated, Plaintiff-Appellee-Appellant v. Chrysler Corporation, Defendant-Appellant-AppelleeCourt of Appeals for the Second Circuit · 1965