N. SHORE BOTTLING v. SCHMIDT & SONS


22 N.Y.2d 171 (1968)

North Shore Bottling Co., Inc., Respondent, v. C. Schmidt and Sons, Incorporated, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 29, 1968.


Attorney(s) appearing for the Case

Jerome K. Walsh, Jr., and Eric M. Dreyfus for appellant.

David O. Kuh and Everett Frooks for respondent.

Judges BURKE, BERGAN, KEATING, BREITEL and JASEN concur with Chief Judge FULD; Judge SCILEPPI dissents and votes to modify on the opinion at Special Term.


Chief Judge FULD.

This appeal, here by permission of the Appellate Division on a certified question, calls upon us to determine the validity, under the one-year provision of the Statute of Frauds, of an oral agreement which entitled the defendant to terminate its contractual arrangement with the plaintiff within one year of its making.

In October of 1960, plaintiff bottling company entered into an oral...

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