In the spring of 1920 a sugar refining company which was engaged in business in Pennsylvania entered into a number if contracts for the sale of large quantities of sugar to be delivered during the summer or fall. The contracts were negotiated through different brokers who executed sales memoranda, specifying in each case only the total quantity sold and the base price, and giving the buyer the right to designate the proportions of each grade desired. Between the time of the sales and the times

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... ixed for delivery the market price of sugar collapsed, and the seller found that many of its customers were repudiating their contracts. Actions upon these contracts brought in Pennsylvania were uniformly unsuccessful, 1 unless there had been part performance, 2 or defendant failed properly to plead the statute, 3 the Pennsylvania court holding that the memorandum did not comply with the Statute of Frauds 4 in that it failed to state some of the