Northeastern Paper Co. v. Concord Paper Co.

Young, J.:

The action was brought to recover damages for breach of contract for the sale of merchandise. The answer denied the material allegations of the complaint, and, upon the trial, the defendant was allowed to amend his answer by setting up the Statute of Frauds (Pers. Prop. Law, § 85, as added by Laws of 1911, chap. 571 *538known as the Sales of Goods Act), alleging that the contract was one for the sale of goods of the value of fifty dollars and upwards, and that there was no sufficient note or memorandum in writing signed by the party to be charged or by his agent in that behalf.

After the…