Willard v. Lewis

Motion by defendant for judgment on the pleadings under rule 112 of the Rules of Civil Practice. The action was brought by the plaintiff, who in his first cause of action sues to recover damages alleged to have been sustained in the purchase and sale of certain securities. In the second cause of action plaintiff sues on an account stated. Defendant enters a general denial and for a separate defense sets up the Statute of Frauds. As to the first cause of action the defense must be sustained. The agreement between the parties was an oral one and no act Was performed to take the situation out of…