New York Court of Appeals

Nat Nal Service Stations, Inc., Appellant v. Henry Wolf, Respondents

July 15, 1952304 N.Y. 332

Summary

The Court of Appeals reversed the Appellate Division's summary judgment dismissal, holding that the alleged oral agreement was not within the Statute of Frauds because each gasoline order created a separate contract and the parties were not bound beyond a year; thus the complaint may proceed. Justice Desmond dissented, arguing the agreement was indefinite and therefore unenforceable under the Statute of Frauds.