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

Summary

The Court of Appeals held that the alleged oral agreement between the gasoline seller and the distributors was not subject to the Statute of Frauds because each order and acceptance constituted a separate contract, not a continuing obligation beyond one year. Accordingly, the appellate court's summary‑judgment dismissal was reversed and the Special Term's denial of summary judgment was affirmed. Justice Desmond dissented, arguing that the agreement was indefinite and therefore unenforceable under the Statute of Frauds.