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CAPITOL PIECE DYE WORKS, INC. v. KLEIN COAT CORP.

279 A.D. 1052 (1952)

Capitol Piece Dye Works, Inc., Appellant, v. Klein Coat Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 20, 1952.

Per Curiam.

The complaint alleges that defendant agreed to sell and deliver to plaintiff 400 pieces of woolen fabric at $3 per yard.

Defendant's motion has been granted to dismiss the complaint upon the ground that the contract was oral, and therefore void under section 85 of the Personal Property Law. The contract was admittedly void unless there was partial delivery of the goods. Subdivision 1 of section...

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