Legal Opinion

Gorden v. Witty

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 1921PublishedCited by 4 opinions

Appeal by the plaintiffs, Fred A. Gorden and another, from an order of the Supreme Court, made at the New York Special Term, and entered in the office of the clerk of the county of New York on the 28th day of May, 1921, overruling a demurrer brought on as a contested motion, and granting leave to reply.

1Opinion of the Court

Page, J.:

The action was brought to recover the balance due on the purchase price of the sale of certain goods of the reasonable value of $26,955.20, which were delivered in-accordance with the defendants’ instructions to a corporation, and it is alleged that the defendants had paid on account of the purchase price of said merchandise the sum of $17,351.54. The answer sets up as a first defense:

“ III. That the alleged agreement set forth in the complaint herein was for the sale of goods for the price of more than $50 as stated therein; that neither said agreement, nor any note or memorandum…

2Cases cited3 opinions

  1. Thedford v. . HerbertNew York Court of Appeals · 1909
  2. R. & L. Co. v. MetzAppellate Division of the Supreme Court of the State of New York · 1916
  3. The R. L. Company v. . MetzNew York Court of Appeals · 1916

3Cited by4 opinions

  1. John Thallon & Co. v. Edsil Trading Corp.New York Court of Appeals · 1951
  2. John Thallon & Co. v. Edsil Trading Corp.New York Court of Appeals · 1951
  3. John Thallon & Co. v. Edsil Trading Corp.New York Court of Appeals · 1951
  4. Widmeyer v. CraneNew York Supreme Court · 1923

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