Atlantic Metal Products, Inc. v. Minskoff

Appeal by two defendants from a judgment in favor of the plaintiff in an action brought- for the reformation of a written instrument and for damages for a breach thereof when reformed. Judgment modified on the law by striking therefrom the second decretal paragraph. As so modified the judgment is unanimously affirmed, without costs. The agreement was for a sale of goods and was within the Statute of Frauds. (Personal Property Law, § 85, subds. 1, 2; Berman Stores Co. v. Hirsh, 240 N. Y. 209.) There was never any part performance by either party or any down payment made. Such an executory…