hosiery. Obviously, it would take twice as many dozen of style 3005 as style 974 or 970 to exhaust the same amount of credits.
Moreover, in paragraph 19 of their Complaint, Doral states that future sales to Sav-A-Stop could be apportioned among the various hosiery styles on a ratio of past sales. Such a speculative approach underscores the absence of a definitive quantity term.
For the foregoing reasons we conclude that there is no quantity term in the writings submitted by Doral. It follows therefrom that the requirements of the Statute of Frauds have not been satisfied. Therefore, the Motion of the defendant, Sav-A-Stop, for partial summary judgment as respects Count II of the plaintiff's Complaint is granted.
And now, this 28th day of March, 1974, it is ordered that the Motion of the defendant, Sav-A-Stop, for partial summary judgment as respects Count II of the plaintiff's Complaint is granted.
January 22, 1971
Mr. Sherrill W. Vance
2001 Apperson Drive
Salem, Virginia 24153
As per our conversation concerning your debit memo 13475 in the retail amount of $ 19,258.51, I have spoken to the people at Stevens and at Amerex, and we will take this return from you although, as I stated, some of this merchandise is not from any of the stores in the New York area. Since I don't want to belabor the issue, we will take it all in and give you credit for it.
Based on the fact that on panty hose you are averaging between cost and retail 60% mark-up, on this particular order your credit would be in the amount of $ 7,703.22. In order to give you credit in this amount, we will reduce your cost on Style 970 and Style 974 panty hose by 50 cents per dozen until we have issued you the proper credit.
On your order #021585 in the amount of 576 dozen, we will give you credit at 50 cents a dozen, which comes to $ 288 credit.
I will keep a running tabulation and let you know how you stand.
I trust this meets with your approval.
(s) Leonard Thomas
cc-Mr. H. J. Maletz
April 6, 1971
Mr. Frank P. Wilson, Jr.
West Texas Wholesale of Amarillo, Inc.
6061 Plains Blvd., Box 2629
Amarillo, Texas 79105
As per our conversation concerning your return of assorted goods that you have picked up in a variety of stores, as listed below, we will do the following:
Item Quantity Total Retail
Panty Hose, 99 cents to $ 3.98 1,428 pair $ 2,391.59
Regular Hosiery, 49 cents to $ 2.95 1,086 pair 895.44
Assorted Regular Hose and Panty Hose,
29 cents to $ 2.98 10,135 pair 10,910.90
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