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Piest v. Tide Water Oil Co.

27 F. Supp. 1020, 1939 U.S. Dist. LEXIS 2793
CourtDistrict Court, S.D. New York
DecidedFebruary 27, 1939
StatusPublished
Cited by8 cases

This text of 27 F. Supp. 1020 (Piest v. Tide Water Oil Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Piest v. Tide Water Oil Co., 27 F. Supp. 1020, 1939 U.S. Dist. LEXIS 2793 (S.D.N.Y. 1939).

Opinion

COXE, District Judge.

The complaint in this action alleges an agreement under which the plaintiff was to receive commissions on renewal sales. I think this is sufficient against a motion to dismiss. Whether the Statute of Frauds has any application is at least doubtful, see Warren Chemical & Mfg. Co. v. Holbrook, 118 N.Y. 586, 23 N.E. 908, 16 Am-St.Rep. 788; but in any event the question should be presented by affirmative defense under Rule 8 (c), 28 U. S.C.A. following section 723c.

The motion of the defendants to dismiss the complaint is denied.

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Cite This Page — Counsel Stack

Bluebook (online)
27 F. Supp. 1020, 1939 U.S. Dist. LEXIS 2793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piest-v-tide-water-oil-co-nysd-1939.