NAT NAL SERV. STATIONS v. WOLF


279 A.D. 206 (1951)

Nat Nal Service Stations, Inc., Respondent, v. Henry Wolf et al., Appellants

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

December 18, 1951.


Attorney(s) appearing for the Case

Milton H. Spiero of counsel (Samuel Finkelstein, attorney), for appellants.

Jerome A. Strauss of counsel (Strauss & Abrahams, attorneys), for respondent.

PECK, P. J., DORE and VAN VOORHIS, JJ., concur with CALLAHAN, J.; SHIENTAG, J., dissents in opinion.


CALLAHAN, J.

The sole question on this appeal is whether the contract in suit is void and unenforcible under the Statute of Frauds (Personal Property Law, § 31, subd. 1).

On July 21, 1938, it is claimed that the parties entered into an oral agreement wherein and whereby the defendants promised and agreed that so long as the plaintiff purchased its requirements for gasoline through the defendants, and the defendants accepted such orders, the...

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