Mapleson v. Edward B. Marks Music Corp.

Appellate Division of the Supreme Court of New York

Mapleson v. Edward B. Marks Music Corp.

277 A.D.2d 978

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

DecidedOctober 24, 1950

StatusPublished

This text of 277 A.D.2d 978 (Mapleson v. Edward B. Marks Music Corp.) 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

Mapleson v. Edward B. Marks Music Corp., 277 A.D.2d 978 (N.Y. Ct. App. 1950).

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Opinion

Judgment reversed and order dismissing complaint modified so as to provide that the plaintiffs may serve an amended complaint setting forth whether they are proceeding upon a contract partly in writing and partly oral, and showing that the minds of the parties met on all the essential terms left open in the writing. If such a pleading is served, its sufficiency may then be determined as well as the question whether the contract was capable of being performed within a year. Judgment unanimously reversed and the order modified as stated above, without costs to either party, with leave to the plaintiffs to serve an amended complaint. Settle order on notice. Present — Peck, P. J., Glennon, Cohn, Callahan and Shientag, JJ. [See post, p. 1116.]

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Judgment reversed and order dismissing complaint modified so as to provide that the plaintiffs may serve an amended complaint setting forth whether they are proceeding upon a contract partly in writing and partly oral, and showing that the minds of the parties met on all the essential terms left open in the writing. If such a pleading is served, its sufficiency may then be determined as well as the question whether the contract was capable of being performed within a year. Judgment unanimously reversed and the order modified as stated above, without costs to either party, with leave to the plaintiffs to serve an amended complaint. Settle order on notice. Present — Peck, P. J., Glennon, Cohn, Callahan and Shientag, JJ. [See post, p. 1116.]

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Bluebook (online)

277 A.D.2d 978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mapleson-v-edward-b-marks-music-corp-nyappdiv-1950.