ROULLEY v. INEX CO.

No. 1001, Docket 82-7052.

677 F.2d 14 (1982)

David J. ROULLEY, Virginia Building & Investment Corp., t/a Briarwood of Richmond, Appellants, v. INEX CO. and Edward J. Kreuter, Appellees.

United States Court of Appeals, Second Circuit.

Decided April 19, 1982.


Attorney(s) appearing for the Case

Halford I. Hayes, Layne, Hayes & Smith, Richmond, Va. (Benjamin E. Shepps, Hicksville, N. Y., of counsel), for appellants.

Reuben Blum, New York City, for appellees.

Before KAUFMAN, VAN GRAAFEILAND, Circuit Judges, and LOWE, District Judge.


PER CURIAM:

This is an appeal from a judgment entered on Judge Motley's order granting the motion of Inex Co. and its proprietor Edward J. Kreuter for summary judgment. The district court held, as a matter of law, that there was a binding and enforceable contract between the parties and that appellants breached that contract. We disagree. Because we believe that the New York Statute of Frauds, N.Y.Gen. Oblig.Law § 5-703...

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