Forgan v. McKenzie

The plaintiffs have moved pursuant to rule 113 of the Rules of Civil Practice for a summary-judgment based upon the first cause of action set forth in the complaint. The defendant, Jack W. Mulford, has made a cross motion for a summary judgment dismissing the plaintiffs’ complaint in its entirety upon the ground that the plaintiffs have failed to state any cause of action.

The action arises out of an alleged contract for the purchase and sale of certain real property and a business known as Scot-Noose Park or Ron-Nels Restaurant and Beach, Town of Vienna, Oneida County, New York. The contract…