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PRESTI v. WILSON

No. 72-C-741.

348 F.Supp. 543 (1972)

Robert PRESTI, Plaintiff, v. Ralph C. WILSON, Jr., individually and doing business as Oxford Stable, Defendant.

United States District Court, E. D. New York.

September 27, 1972.

Attorney(s) appearing for the Case

Marino, Bernstein & La Marca, Oyster Bay, N. Y., for plaintiff by Anthony J. La Marca, Oyster Bay, N. Y., of counsel.

Raichle, Banning, Weiss & Halpern, Buffalo, N. Y., for defendant by Ralph L. Halpern, Buffalo, N. Y., of counsel.

JUDD, District Judge.

MEMORANDUM AND ORDER

A motion by defendant seller in this diversity contract action asks summary judgment against plaintiff buyer on the basis of the statute of frauds. The action is one for damages for failure to complete the sale of a race horse.

Facts

The complaint asserts that plaintiff made an oral agreement with the defendant by a telephone call in October...

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