John Thallon & Co. v. Edsil Trading Corp.

Fúrd, J.

(dissenting). The court’s opinion establishes — what no one disputes — that acceptance and receipt of part of the goods orally contracted to be sold satisfies the Statute of *397Frauds. It has, however, failed to show how acceptance and receipt of goods may be considered a “ part ”, and only a “ part ”, of the larger quantity if the buyer has declared, prior to their receipt, that that is “ all ” that he is going to take. A brief statement of the facts illumines the problem and demonstrates that the oral agreement remained unenforcible.

On April 10,1947, plaintiff and defendant entered…