Wexelblatt v. Katman & Greenberg

Citations

• 75 Pa. Super. 219
• 1920 Pa. Super. LEXIS 253

Syllabus

<p>Sales — Act of May 19, 1916, P. L. 61¡.S (Sales Act) — Section 4 — ■ Acceptance.</p> <p>An unsigned memorandum for the purchase of merchandise in excess of the sum of five hundred dollars, is not such a note or memorandum as contemplated in the provisions of section 4 of the Act of May 19, 1915, P. L. 543 (Sales Act), which provides that “unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf,” a contract for the sale of goods shall not be enforceable.</p> <p>In an action to recover for the failure to deliver goods alleged to have been ordered, a statement is insufficient which merely alleges that the defendant made repeated promises to deliver and that the plaintiff was ready and willing to accept the goods.</p>