Appellate Division of the Supreme Court of New York, 1925

Berth v. W. G. Knapp Co.

Appellate Division of the Supreme Court of New York · Decided October 15, 1925

215 A.D. 693

Cases that cite this one

2 later published cases cite this decision.

Dolitsky's Dry Cleaners, Inc. v. Y L Jericho Dry Cleaners, Inc. (Appellate Division of the Supreme Court of New York 1994)
Mary G. Roebling v. Robert B. Anderson, Secretary of the Treasury (D.C. Cir. 1958)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order denying motion to set aside order of the trial court dismissing plaintiff’s complaint, and for a new trial, reversed upon the law, and motion granted, with costs to abide the event. According to the evidence the original contract was *694fully performed, and hence the Statute of Frauds was not a defense. The contract sued upon was one implied by law from the performance of the original contract, and is not affected by the Statute of Frauds. According to the evidence it would seem plain that the original hiring was for a year at $6,000 per year. Even if there was a doubt as to the intention of Mr. Knapp when he said “ All right ” in response to plaintiff’s offer, it would be for the jury to determine. Kelly, P. J., Rich, Manning, Young and Kapper, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.