American Agricultural Chemical Co. v. Gatewood

Judgment unanimously reversed, with costs. Order, in so far as it grants plaintiff’s motion for summary judgment, unanimously reversed and said motion denied, and, in so far as it denies defendant’s cross-motion, affirmed, on the ground that there are issues of fact to be tried concerning the making of the contract and the existence of the custom relied on to meet the defense of the Statute of Frauds. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.