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BOENING v. KIRSCH BEVERAGES

63 N.Y.2d 449 (1984)

D & N Boening, Inc., Appellant, v. Kirsch Beverages, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided November 20, 1984.

Attorney(s) appearing for the Case

Abel Jack Schwartz and Brad Becker for appellant.

Stanley Israel and Fred E. Scharf for respondents.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

JASEN, J.

We are asked on this appeal to decide whether the alleged oral franchise agreement between the parties is barred by the Statute of Frauds.

In 1955, defendants' predecessor, Minck Beverages, the prime distributor of "Yoo-Hoo" chocolate beverage, entered into a verbal agreement with plaintiff's predecessors, Joseph Boening and his sons. Pursuant thereto, the Boenings were granted the subdistribution...

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