Claybourn Corp. v. Charles Schweinler Press, Inc.

Appellate Division of the Supreme Court of New York

Claybourn Corp. v. Charles Schweinler Press, Inc.

250 A.D. 50, 293 N.Y.S. 661, 1937 N.Y. App. Div. LEXIS 8266

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 26, 1937

StatusPublished

This text of 250 A.D. 50 (Claybourn Corp. v. Charles Schweinler Press, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claybourn Corp. v. Charles Schweinler Press, Inc., 250 A.D. 50, 293 N.Y.S. 661, 1937 N.Y. App. Div. LEXIS 8266 (N.Y. Ct. App. 1937).

Pincite

Opinion

Per Curiam.

Under the terms of the agreement in question the contract could have been entirely performed within one year and it has been repeatedly held that the statute does not apply to a contract which consistently with its terms may be performed within that period. (Blake v. Voigt, 134 N. Y. 69; Kent v. Kent, 62 id. 560, 564.) Accordingly the order denying plaintiff’s motion to strike out the defense setting up the Statute of Frauds should be reversed, with twenty dollars costs and disbursements, and the defense of the Statute of Frauds contained in the defendant’s answer stricken out.

Present — Martin, P. J., Townley, Glennon and Dore, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted.

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Per Curiam.

Under the terms of the agreement in question the contract could have been entirely performed within one year and it has been repeatedly held that the statute does not apply to a contract which consistently with its terms may be performed within that period. (Blake v. Voigt, 134 N. Y. 69; Kent v. Kent, 62 id. 560, 564.) Accordingly the order denying plaintiff’s motion to strike out the defense setting up the Statute of Frauds should be reversed, with twenty dollars costs and disbursements, and the defense of the Statute of Frauds contained in the defendant’s answer stricken out.

Present — Martin, P. J., Townley, Glennon and Dore, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted.

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Bluebook (online)

250 A.D. 50, 293 N.Y.S. 661, 1937 N.Y. App. Div. LEXIS 8266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claybourn-corp-v-charles-schweinler-press-inc-nyappdiv-1937.

Opinion

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