Legal Opinion
Klein-Messner Co. v. Fair Waist & Dress Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 4, 1926PublishedCited by 4 opinions
1Opinion of the CourtFinch, J.
The plaintiff sued for the price of goods alleged to have been sold and delivered to and accepted by the defendant. *648The answer denies all the allegations of the complaint, except that the amount involved had been demanded by plaintiff and payment thereof refused by the defendant. At the trial the defendant amended its answer to set up the Statute of Frauds as a defense. At the close of plaintiff’s case the defendant moved to dismiss the complaint, upon the ground that the plaintiff had not proved compliance with the contract in that only 7,900 yards had been delivered out of a total order of…
2Cases cited5 opinions
- Smith v. . HallNew York Court of Appeals · 1876
- Neville v. Morrison Coal & Coke Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Guaranty Trust Co. v. Gerseta Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Bachmann, Emmerich & Co. v. MendelsonAppellate Terms of the Supreme Court of New York · 1922
- Rubin v. WhanAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by4 opinions
- Fox v. McGrathCourt of Appeals for the Second Circuit · 1945
- General Building Contractors of New York State, Inc. v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1973
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949