Legal Opinion

Landeker v. The Co-Operative Building Bank

New York Supreme Court

Decided April 15, 1911PublishedCited by 7 opinions

Action for the specific performance of a contract for the sale of real property.

1Opinion of the Court

'Crane, J.

After consulting the authorities I have come to the conclusion that a contract for the sale of real, property may be subscribed as required by section 259 of the Beal Property Law in typewriting as well as with pen and ink.

The force of such decisions as Vielie v. Osgood, 8 Barb. 130; Davis v. Shields, 24 Wend. 322; Worthington Brick Co. v. Bull, 44 Hun, 462; Haydock v. Stow, 40 N. Y. 363; James v. Patten, 6 id. 1, citing Vielie v. Osgood, supra, lies in the point that the contract or agreement under the Statute of Frauds must be subscribed or signed at the end of the agreement, as…

2Cases cited4 opinions

  1. Salmon Falls Manufacturing Co. v. GoddardSupreme Court of the United States · 1853
  2. Drury v. YoungCourt of Appeals of Maryland · 1882
  3. Haydock v. . StowNew York Court of Appeals · 1869
  4. Vielie v. OsgoodNew York Supreme Court · 1849

3Cited by7 opinions

  1. Pearlberg v. LevisohnAppellate Terms of the Supreme Court of New York · 1920
  2. Gessler v. WintonCourt of Appeals of Tennessee · 1940
  3. Simplex Supplies, Inc. v. Abhe & Svoboda, Inc.Court of Appeals of Minnesota · 1998
  4. Scarane v. T. H. Fraser Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 1951
  5. Welch v. MitchellCourt of Civil Appeals of Alabama · 1977

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