BORO MOTORS v. CENTURY MOTOR CORP.


12 N.Y.2d 231 (1963)

Boro Motors Corp., Appellant, v. Century Motor Sales Corp., Respondent.

Court of Appeals of the State of New York.

Decided February 21, 1963.


Attorney(s) appearing for the Case

Milton H. Goldstricker for appellant.

Raphael H. Weissman for respondent.

Judges DYE, FULD, VAN VOORHIS and FOSTER concur with Chief Judge DESMOND; Judges BURKE and SCILEPPI dissent and vote to affirm upon the memorandum in the Appellate Division.


Chief Judge DESMOND.

The only question of importance is the one answered in the affirmative by the Appellate Division: that is, was the agreement embodied in the memorandum unenforcible under the Statute of Frauds because of an omission from that paper of terms essential and previously agreed upon orally? Since the trial court's instruction to the jury as to the applicable rule of law was not excepted to, it...

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