175 A.D. 276 | N.Y. App. Div. | 1916
The following is the opinion delivered at Special Term:
This is a trial brought on as a contested motion of an issue of law raised by plaintiff’s demurrer to a first separate defense in the amended answer to the first cause of action set forth in the complaint. The defense demurred to is the Statute of Frauds, to the effect that the agreement alleged is for the sale of goods and that the requirements of the statute were not complied with. The one question thus raised is whether the contract as alleged in the complaint is a contract to sell or a sale of goods within the meaning of the Statute of Frauds. The complaint, after the allegations made by way of inducement and to show defendant’s connection with the matter, sets forth in subdivision 27 the precise agreement or promise upon which the alleged liability is founded substantially as follows: That plaintiff agreed not to then retake possession of certain trucks,
In other words, in consideration of plaintiff’s agreement to allow the use of the trucks for a certain period, and then if it acquired title thereto to sell and transfer them, defendant agreed to pay a sum certain in the manner specified. The existing Statute of Frauds (Laws of 1911, chap. 571)
See Pers. Prop. Law (Consol. Laws, chap. 41; Laws of 1909, chap. 45), § 85, as added by Laws of 1911, chap. 571. — [Rep.
See Pers. Prop. Law, §§ 82, 86, as added by Laws of 1911, chap. 571. — [Rep.