HERRMANN v. SEIDER


9 Misc.2d 969 (1958)

Fred F. Herrmann et al., Plaintiffs, v. John C. Seider, Defendant.

Supreme Court, Erie County.

February 10, 1958.


Attorney(s) appearing for the Case

Schaus & Schaus for plaintiffs.

David Diamond for defendant.


MICHAEL CATALANO, J.

This is a motion under rule 112 of the Rules of Civil Practice for judgment on the pleadings, made by the defendant, who contends that the complaint does not state facts sufficient to constitute a cause of action, and that the contract upon which it is founded is not enforcible under the Statute of Frauds.

The complaint alleges, in effect, that the defendant owns and operates "a business for the sale of wine and liquor at...

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