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ALAN D. OPPENHEIMER, INC. v. HYGRADE FOOD PRODS. CORP.

277 A.D. 830 (1950)

Alan D. Oppenheimer, Inc., Respondent, v. Hygrade Food Products Corporation, Appellant

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

May 10, 1950.

Judgment and order affirmed, with costs.

All concur, except Taylor, P. J., who dissents and votes for reversal and for granting a new trial on the ground that the finding that delivery of 6,010 pounds of tallow and payment therefor at 9¾ cents per pound was referable to the order for a tank car at 8¾ cents per pound and in recognition and part performance therefor so as to take the oral contract out of the Statute of Frauds is contrary to and...

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