175 A.D. 233 | N.Y. App. Div. | 1916
September 30, 1913, plaintiffs’ agent called upon the defendant at his store at West Hebron, a little hamlet about six miles from the railroad station, and they made an oral agreement by which the defendant was to purchase of the plaintiffs four carloads of oats at a price exceeding fifty dollars. Plaintiffs’ agent immediately mailed to his firm at Oneonta, K. Y., a sale slip signed by him, showing a sale to the defendant. The stenographer in the plaintiffs’ office in the usual course of business, upon receiving a sales slip, would prepare a confirmation with a carbon copy and an envelope with a return card upon it
Concededly the alleged sale is within the Statute of Frauds, and the defendant is not bound by it, unless he signed a memorandum of the contract.
All concurred.
Judgment reversed on law and facts and new trial granted, with costs to appellant to abide event. The court disapproves of the findings -of fact that the letter of confirmation was received by the defendant and that a memorandum of the sale was signed by him.
See Pers. Prop. Law (Consol. Laws, chap. 41; Laws of 1909, chap. 45), § 85, as added by Laws of 1911, chap. 571.—[Rep.