Levin v. Dietz
New York Supreme Court
Suit to compel specific performance of an alleged written contract to convey two lots in the city of Hew York, borough of Brooklyn: the first described as at the northwest corner of Bristol street and Pitkin avenue, 90 feet on the former and 100 on the latter, and forming a rectangle, and the second described as at the southwest corner of Pitkin avenue and Bristol street, 100 feet on the former and 92 ft. 11 in. on the latter, and forming a rectangle.
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Suit to compel specific performance of an alleged written contract to convey two lots in the city of Hew York, borough of Brooklyn: the first described as at the northwest corner of Bristol street and Pitkin avenue, 90 feet on the former and 100 on the latter, and forming a rectangle, and the second described as at the southwest corner of Pitkin avenue and Bristol street, 100 feet on the former and 92 ft. 11 in. on the latter, and forming a rectangle. There was no formal written contract, but the plaintiffs depended on the following writings: 1. An undated writing, on the back of the…
1Opinion of the CourtGaynor, J.
A former judgment for the plaintiffs was reversed on appeal (106 App. Div. 208). The trial court had found that there was an oral contract of sale, but no written contract, but gave judgment of specific performance, nevertheless, on the ground that the Statute of Frauds had not been pleaded. This grew out of the mistaken rule of pleading now established in this state that the Statute of Frauds has to be pleaded, whereas it established a rule of evidence only, and not a rule of pleading. On appeal it was decided that the statute did not need to be pleaded, for the reason that the complaint…
2Cases cited1 opinion
- Levin v. DietzAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Levin v. DietzAppellate Division of the Supreme Court of the State of New York · 1907