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Bazak International Corp. v. Mast Industries, Inc.

Court of Appeals of New York
73 N.Y.2d 113 (1989)


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.)

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