SMITH v. MUSS


203 Misc. 356 (1952)

De Witt Smith, Plaintiff, v. David Muss, Defendant.

Supreme Court, Special Term, New York County.

October 21, 1952.


Attorney(s) appearing for the Case

Louis Kramer for defendant.

E. John Ernest, Jr., for plaintiff.


EDER, J.

Motion for judgment on the pleadings dismissing the amended complaint upon the ground that it fails to state a cause of action in that plaintiff sues upon a contract unenforcible under the Statute of Frauds.

The action is to recover damages for breach of a contract whereby defendant agreed to sell to plaintiff and he agreed to purchase certain lumber and timber for a sum in excess of $50; the...

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