Kelter v. Pilsener Bottling Co.

Plaintiff brings this lawsuit on a complaint alleging two causes of action. The' first cause of action stems from a breach by defendant of an oral contract engaging plaintiff in the capacity of a sales agent, and the second cause of action stems from the defectiveness of the merchandise sold by plaintiff, resulting, by reason thereof, in the impairment of plaintiff’s reputation. Defendant interposes the Statute of Frauds as a defense to the first cause of action.

*2Although I am guided solely by the causes of action in the complaint, which prevails over the bill -of particulars when the latter…