SCHWARTZ v. GREENBERG


279 A.D. 750 (1951)

Arthur Schwartz, Appellant, v. Leo Greenberg, Respondent

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

December 3, 1951.


Judgment reversed upon the law and the facts, with costs, and judgment granted in favor of plaintiff against defendant in the sum of $3,736.46, with interest from April 5, 1950, with costs.

In our opinion the proof establishes that there was a valid and binding oral agreement entered into by the parties upon which their minds met in all respects; and failure to deliver a signed copy of the writing setting forth the terms of that agreement cannot defeat its enforcement...

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