COXE, District Judge.
The complaint in this action alleges an agreement under which the plaintiff was to receive commissions on renewal sales. I think this is sufficient against a motion to dismiss. Whether the Statute of Frauds has any application is at least doubtful, see Warren Chemical & Mfg. Co. v. Holbrook, 118 N.Y. 586, 23 N.E. 908, 16 Am.St.Rep. 788; but in any event the question should be presented by affirmative defense under Rule 8 (c), 28 U. S.C.A...
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