MORGENTHAU-SEIXAS CO., INC. v. PUTTERMAN


285 A.D. 939 (1955)

Morgenthau-Seixas Co., Inc., Respondent, v. Isaac Putterman, Appellant, et al., Defendants

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

March 22, 1955.


The amended complaint clearly sets forth a cause of action based upon the oral agreement pleaded in paragraph nineteenth and it is pleaded in accordance with the terms of the opinion upon which leave to amend was based. The reference to the modification of the prior written agreement is inconsequential and, as written, does not enable the plaintiff to establish a case except upon the oral contract. Nor is the promise on which the plaintiff sues too indefinite for enforcement...

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