Bazak International Corp. v. Mast Industries, Inc.
Court of Appeals of New York
73 N.Y.2d 113, 535 N.E.2d 633, 538 N.Y.S.2d 503 (1989)
- Written by Craig Conway, LLM
Facts
A representative from Mast Industries, Inc. (Mast) (defendant) offered to sell Tuvia Feldman, president of Bazak International Corporation (Bazak) (plaintiff), certain textiles that Mast was closing out. Mast and Feldman reached an oral agreement on all terms related to Bazak’s purchase except price. When Bazak did not receive invoices for the ordered textiles, Feldman sent by facsimile five purchase orders to Mast that reflected the terms of the agreement reached by Mast and Feldman. Mast sent confirmation to Bazak that it had received the purchase orders and made no objection to any of the stated terms. After Mast refused to fulfill the textiles order, Bazak filed suit against Mast for breach of contract and fraud. Mast filed a motion to dismiss the suit in the trial court, arguing that the purchase orders were insufficient to satisfy the statute of frauds. The trial court denied Mast’s motion. Mast appealed. The appellate court reversed and held that Bazak’s claims were barred by the statute of frauds. The New York Court of Appeals granted certiorari to review.
Rule of Law
Issue
Holding and Reasoning (Kaye, J.)
Dissent (Alexander, J.)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
