Stone v. Ransel Trading Corp.

On this motion to dismiss the complaint, a stipulation is presented that the oral agreements, upon which both causes of action are based, were not evidenced by a written memorandum signed by defendant or its lawful agent.

The first cause of action is predicated, in part, upon an alleged oral agreement by defendant to pay plaintiff a specified commission, if he obtained the ‘ ‘ Struhl ’ ’ account for defendant, “on all business, done by defendant with ‘Struhl’.” This agreement, by its terms, was not to be performed within one year from the making thereof, because “ Struhl ” might place orders…