Mapleson v. Edward B. Marks Music Corp.

Judgment reversed and order dismissing complaint modified so as to provide that the plaintiffs may serve an amended complaint setting forth whether they are proceeding upon a contract partly in writing and partly oral, and showing that the minds of the parties met on all the essential terms left open in the writing. If such a pleading is served, its sufficiency may then be determined as well as the question whether the contract was capable of being performed within a year. Judgment unanimously reversed and the order modified as stated above, without costs to either party, with leave to the plaintiffs to serve an amended complaint. Settle order on notice. Present — Peck, P. J., Glennon, Cohn, Callahan and Shientag, JJ. [See post, p. 1116.]