SAFF TEXTILE CORP. v. SUTTON


280 A.D. 597 (1952)

Saff Textile Corp., Respondent, v. Joseph M. Sutton et al., Copartners Doing Business under the Name of J. M. Sutton Sons & Co., Appellants

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

October 28, 1952.


Attorney(s) appearing for the Case

Murray Feldman of counsel (Theodore Carsons with him on the brief), for appellants.

Samuel Hochstein for respondent.

PECK, P. J., COHN, CALLAHAN and VAN VOORHIS, JJ., concur.


Per Curiam.

The defendants appeal from an order denying their motion to dismiss the complaint upon the ground that it appears upon the face thereof that the contract sued upon is void under the Statute of Frauds. The second cause of action hinges upon the first, and falls with it if the memorandum be held to be an insufficient compliance with the statute.

This memorandum of sale would be adequate, were it not...

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