D & N BOENING, INC. v. KIRSCH BEVERAGES, INC.


99 A.D.2d 522 (1984)

D & N Boening, Inc., Respondent, v. Kirsch Beverages, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 23, 1984


Order reversed, on the law, with costs, motions granted, and complaint dismissed.

The issue presented herein is whether enforcement of an alleged oral franchise agreement is barred by the Statute of Frauds. The complaint alleges that in 1955, Joseph Boening and his sons Norman and Donald, who were the principals of an unincorporated, wholesale beverage distribution business entered into a verbal agreement with Minck Beverages (hereinafter Minck, not a party to this...

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