LUCY-TURNER v. BUILDERS BONDS LTD.


160 A.D.2d 484 (1990)

Lucy-Turner, a Joint Venture, Respondent, v. Builders Bonds Limited et al., Appellants

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

April 19, 1990


The oral agreement to form a corporation and divide its stock and the earned commissions equally was sufficiently memorialized by correspondence between the parties, as well as by part performance (opening of a joint bank account, use of the corporate letterhead on stationery, etc.) which was clearly referable to the agreement (Marcraft Recreation Corp. v Devlin Co., 506 F.Supp. 1081). The test for application of the Statute of...

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