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Revheim v. Shankman

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1944
267 App. Div. 865 (N.Y. App. Div. 1944)

Opinion

February 25, 1944.

Appeal from Supreme Court, New York County.


Judgment affirmed, without costs. No opinion. [See post, p. 976.] Martin, P.J., Townley, Glennon and Dore, JJ., concur; Untermyer, J., dissents in opinion.


The complaint was properly dismissed for the reason that under the contract of July 2, 1942, neither the title nor possession of Dome Trading Corporation was jeopardized at the time demand for contribution was made.

The supplemental complaint should likewise have been dismissed on the ground that the oral contract therein alleged was for the sale of choses in action exceeding $500 in value. That contract was within the Statute of Frauds, even though as an incidental part of the transaction it contemplated that releases would be exchanged (see Williston on Contracts, §§ 510, 513, 533, 488 and authorities cited).

The judgment, to the extent appealed from by the defendants, should be reversed and the supplemental complaint dismissed.


Summaries of

Revheim v. Shankman

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1944
267 App. Div. 865 (N.Y. App. Div. 1944)
Case details for

Revheim v. Shankman

Case Details

Full title:SIGURD REVHEIM et al., Respondents-Appellants, v. SAMUEL B. SHANKMAN et…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 25, 1944

Citations

267 App. Div. 865 (N.Y. App. Div. 1944)