Legal Opinion · Dissent

Boylan v. G. L. Morrow Co.

New York Court of Appeals

Decided July 3, 1984Published

1DissentMeyer, J.

Subdivision (d) of section 8-319 of the Uniform Commercial Code excepts from its proscription against enforcement of an oral contract “A contract for the sale of securities * * * [as to which] the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract was made for sale of a stated quantity of described securities at a defined or stated price.” Neither the language of that provision nor the history of its adoption, nor its interpretation by the courts of this or other States warrants or sustains the construction of it which the majority…

2Cases cited19 opinions

  1. Burns v. . McCormickNew York Court of Appeals · 1922
  2. Martocci v. Greater New York Brewery, Inc.New York Court of Appeals · 1950
  3. Dehahn v. InnesSupreme Judicial Court of Maine · 1976
  4. Lish v. ComptonUtah Supreme Court · 1976
  5. Gross v. VogelAppellate Division of the Supreme Court of the State of New York · 1981

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