Bell Clothes Shops, Inc. v. Kamber

Smith, J.:

The plaintiff’s action is brought to recover damages for the failure of the defendant to deliver goods claimed to have been purchased by the plaintiff. The contract claimed was to purchase 450 suits of men’s clothes at agreed prices. The defense relied upon is the Statute of Frauds which was duly pleaded. (See Pers. Prop. Law, § 85, as added by Laws of 1911, chap. 571.) The only memorandum upon which the plaintiff relies is a memorandum of sale given by the defendant’s agent, which had upon the letterhead the defendant’s name. It was not otherwise signed by any one. In this…