Gaffers-Hinman Coal Co. v. Wessel

The Statute of Frauds is interposed to recovery in this action. The defendant denies that there has been delivery and acceptance as required by section 85 of the Personal Property Law to constitute an enforcible oral contract.

During the winter of 1926 a strike in the coal mines of Pennsylvania created an increased demand for coke. The plaintiff and the defendant were coal dealers in the city of Schenectady and the plaintiff had been supplying coke in carload lots to the defendant. The plaintiff procured the coke from the Keystone Coal and Coke *908Company of Philadelphia, which made shipments…