Bachmann, Emmerich & Co. v. Mendelson

The plaintiff has recovered a judgment for the price of goods which it claims its assignor sold to the defendant under an oral contract of sale. The defendant denied the making of the contract and set up as an affirmative defense the Statute of Frauds.

It is undisputed that the plaintiff’s assignor delivered the goods which are the subject-matter of the action at the defendant’s place of business on or about August 25, 1922, but the defendant claims that the goods were not sold to him and that they were rejected shortly after delivery. The plaintiff claims on the other hand that it received no…