Borenco Importing Corp. v. Sperber

Finch, J.:

This is an action for goods sold and delivered. The defendants denied generally, and as a separate defense pleaded the Statute of Frauds. (See Pers. Prop. Law, § 85, as added by Laws of 1911, chap. 571.) The contract was partly oral and partly written, but in so far as the Statute of of Frauds is concerned, may be regarded as oral. The plaintiff obtained a judgment for the purchase price, from which, and from an order denying a motion for a new trial, this appeal is taken.

Adopting the inference most favorable to the plaintiff that can *418be adduced from the evidence, it appears that on…