Buschman v. Diamond Shamrock Corp.

Concur—Capozzoli, Nunez, *927McNally and Machen, JJ.; Eager, J. P., dissents in the following memorandum: I would affirm. The “suggested letter agreement” (note, the word “suggested”) transmitted to plaintiff by Stier’s letter of May 8, 1968, was the writing which would constitute an agreement complying with the Statute of Frauds, and this was not signed by defendant. The signing by Stier of the transmittal letter was not a compliance with the statute. (See Scheck v. Francis, 26 N Y 2d 466, affd. 33 A D 2d 91.) This letter of transmittal may not be properly held to be an offer from defendant to…