Legal Opinion
Oswald v. Allen
District Court, S.D. New York
Decided June 11, 1968No. 64 Civ. 3482PublishedCited by 6 opinions
1Opinion of the Court
FINDINGS AND OPINION
POLLACK, District Judge.
Contentions
Plaintiff seeks specific performance of an alleged contract calling for delivery by the defendant of all Swiss coins owned by defendant upon the payment of $50,-000 by the plaintiff. 1
The defendant alternatively asserts that (1) the minds of the parties never met on the subject matter of the alleged agreement and no contract was thus entered into by the parties; and (2) even if an oral contract existed, its enforcement is barred by the applicable Statute of Frauds (New York Personal Property Law, McKinney’s Consol. Laws, c. 41, Section…
2Cases cited4 opinions
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- United States v. BraunsteinDistrict Court, S.D. New York · 1947
- United States v. BraunsteinCourt of Appeals for the Second Circuit · 1948
- Morris Cohon & Co. v. RussellAppellate Division of the Supreme Court of the State of New York · 1968
3Cited by6 opinions
- Dr. Werner Oswald v. Jane B. AllenCourt of Appeals for the Second Circuit · 1969
- Flower City Painting Contractors, Inc. v. Gumina Construction CompanyCourt of Appeals for the Second Circuit · 1979
- Bruce Realty Company of Florida v. BergerDistrict Court, S.D. New York · 1971
- N. Dorman & Co. v. Noon Hour Food Products, Inc.District Court, E.D. New York · 1980
- Dr. Werner Oswald v. Jane B. AllenCourt of Appeals for the Second Circuit · 1969
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