New York Court of Appeals
Savoy Record Company, Inc., Respondent v. Cardinal Export Corp., Appellant, Defendant
November 19, 196415 N.Y.2d 1
Summary
The New York Court of Appeals reversed the lower court and dismissed Savoy Record Company's complaint, holding that Cardinal Export Corp., signing solely as an agent, was not personally liable as guarantor because the agreement lacked the clear and explicit evidence of intent required by the Statute of Frauds. The Court relied on Mencher and Salzman to require such intent, and noted that the language was ambiguous. Justice Bergan dissented, arguing that the language did provide clear intent and the order should be affirmed.