Schwartz v. Greenberg

In an action to recover damages for an alleged breach of a contract for the sale by plaintiff to defendant of shares of stock, defendant moves under rule 107 of the Rules of Civil Practice to dismiss the complaint upon the ground that the alleged contract upon which the cause of action is based is unenforcible under the Statute of Frauds.

Defendant’s motion is denied. As appears from plaintiff’s answering affidavit, although each of the parties to the action signed one of the counterparts of the contract of sale, there was no exchange of either copy, the closing having been adjourned to the…