American Agricultural Chemical Co. v. Gatewood

Appellate Division of the Supreme Court of New York

American Agricultural Chemical Co. v. Gatewood

260 A.D. 861, 23 N.Y.S.2d 835, 1940 N.Y. App. Div. LEXIS 5091

Appellate Division of the Supreme Court of the State of New York·Decided October 25, 1940·Published

Opinion

Judgment unanimously reversed, with costs. Order, in so far as it grants plaintiff’s motion for summary judgment, unanimously reversed and said motion denied, and, in so far as it denies defendant’s cross-motion, affirmed, on the ground that there are issues of fact to be tried concerning the making of the contract and the existence of the custom relied on to meet the defense of the Statute of Frauds. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.

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Judgment unanimously reversed, with costs. Order, in so far as it grants plaintiff’s motion for summary judgment, unanimously reversed and said motion denied, and, in so far as it denies defendant’s cross-motion, affirmed, on the ground that there are issues of fact to be tried concerning the making of the contract and the existence of the custom relied on to meet the defense of the Statute of Frauds. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.

American Agricultural Chemical Co. v. Gatewood, 260 A.D. 861, 23 N.Y.S.2d 835, 1940 N.Y. App. Div. LEXIS 5091 (N.Y. Ct. App. 1940).

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260 A.D. 861 (American Agricultural Chemical Co. v. Gatewood) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.