Swerdloff v. Mobil Oil Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
In the first and fourth causes of action, plaintiffs seek damages for breach of an alleged oral contract of dealership for a gasoline service station and for specific performance thereof. (The other causes of action had previously been dismissed and are not before this court.) At the close of the plaintiffs’ case, Special Term dismissed the first and fourth causes of action on the ground that the alleged oral agreement is barred by the Statute of Frauds. We affirm.
I
We agree with the trial court’s holding that the parol evidence rule mandates striking the testimony of oral…
3Cases cited7 opinions
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- De Cicco v. . SchweizerNew York Court of Appeals · 1917
- Oxford Commercial Corp. v. LandauNew York Court of Appeals · 1963
- Siegel v. . Spear Co.New York Court of Appeals · 1923
- Kahn v. Cecelia Co.District Court, S.D. New York · 1941
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4Cited by56 opinions
- Bowers Window & Door Co. v. DearmanMississippi Supreme Court · 1989
- Esquire Radio & Electronics, Inc. v. Montgomery Ward & Co., Inc.Court of Appeals for the Second Circuit · 1986
- Dalton v. Union Bank of SwitzerlandAppellate Division of the Supreme Court of the State of New York · 1987
- Ginsberg v. Fairfield-Noble Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- Zucker v. KatzDistrict Court, S.D. New York · 1989
51 more not listed; retrieve them via the Exa API.