Becker v. Wells

Action to recover damages for breach of an alleged oral contract to procure a particular type of mortgages for the plaintiffs on certain real property. The defendant interposed a defense based on section 259 of the Real Property Law. Order denying defendant’s motion for judgment on the pleadings reversed on the law, with $10 costs .and disbursements, and the motion granted, without costs. The oral contract involved an interest in real property and therefore was required by section 259 of the Real Property Law to be in writing. (Sleeth V. Sampson, 237 N. Y. 69, 72; Straus & Co., Inc., v.…