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AMES v. IDEAL CEMENT CO.

37 Misc.2d 883 (1962)

Amyas Ames, Plaintiff, v. Ideal Cement Company, Defendant.

Supreme Court, Special and Trial Term, New York County.

November 2, 1962

Attorney(s) appearing for the Case

Sullivan & Cromwell (Inzer B. Wyatt and Dennis C. Mahoney of counsel), for plaintiff. Cahill, Gordon, Reindel & Ohl (Robert G. Zeller and William Jannen, Jr., of counsel), for defendant.

ABRAHAM N. GELLER, J.

Defendant has moved at the close of plaintiff's case to dismiss the first cause of action in the complaint on contract upon the ground that it is barred by the applicable Statute of Frauds. No such motion addressed to the alternative second cause in quantum meruit has been made.

The briefs on that question submitted by both counsel...

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