J J.R. Loftus, Inc. v. White

In J J.R. Loftus, Inc. v. White, 85 N.Y.2d 874, 649 N.E.2d 1196, 626 N.Y.S.2d 52 (1995), the parties at trial did not dispute the existence of an oral agreement to construct a house, but disputed some of the precise terms of that agreement. In particular, the parties disputed whether the contractor agreed to a warranty provision that would have made the contract incapable of completion within a year. If the jury found that the warranty provision had been part of the agreement, the jury would have been required to find that the contract violated the Statute of Frauds. In J.R. Loftus, Inc. the Court of Appeals held that, because it was impossible to tell from the jury's verdict whether it found that the warranty provision was a part of the agreement, and the jury had not been charged on the Statute of Frauds, a new trial was warranted. J.R. Loftus, Inc., 85 N.Y. 2d at 876.