Stark v. Brooklyn Union Gas Co.

In this action brought by the purchaser for the specific performance of an alleged contract for the purchase and sale of vacant land or, in the alternative, for damages for loss of bargain in the sum of $274,181, the defendant has denied the existence of an agreement and has pleaded the Statute of Frauds and that the premises involved constituted a part of its works and system which are used in the public service and were necessary for the performance of its duty to supply gas in the territory embraced within its franchises.

The theory of plaintiff’s cause of action is that although the…