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J. M. HEINIKE ASSOCS., INC. v. CHILI LUMBER CO.

83 A.D.2d 751 (1981)

J. M. Heinike Associates, Inc., Respondent, v. Chili Lumber Company et al., Appellants

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

July 9, 1981

Judgment unanimously affirmed, with costs.

Memorandum:

In this action for the purchase price of two sales of lumber in 1977, defendant William McCombs appeals from the judgment against him. The two issues on appeal are whether McCombs is liable in his individual capacity for this indebtedness, and whether the trial court erred in denying McCombs' motion, made orally upon the opening of trial, to amend his answer to plead the Statute of Frauds. McCombs is the...

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