New York Court of Appeals March 21, 1871 (Allis v. . Read)

Church, Ch. J.

In any view which may be taken of the .validity of the contract for the sale and purchase of the kerseys, the plaintiff is not entitled to recover- for moneys paid upon them.

Moneys paid upon a contract invalid by the statute of frauds cannot be recovered back, provided the other party is ready and willing to perform the contract on his part.