Brown v. Valentine

MICHIE, District Judge.

This diversity action was brought to collect damages for an alleged breach of a contract for the sale of securities. The defendant, by his amended answer, has raised as an affirmative defense the New Jersey Statute of Frauds and moved for summary judgment on the ground that any recovery under the contract, if the contract were found to exist, would be barred by that statute. Plaintiff has filed a motion for summary judgment on his own behalf arguing that the facts are not in dispute and that on that basis he should prevail. However, it appears that crucial facts are…