Lichtman v. Mazzeo

This is an action to compel the defendant specifically to perform a contract for the purchase and sale of real property. The note or memorandum of the contract is in the form of a receipt, the body of which' reads as follows: “ Deceived from Mr. GL Candido [the plaintiff’s assignor] the sum of $1,000 as a deposit on property located at 1818 Bath-gate Avenue. Sale price $5800. ’ ’

The question presented is whether the writing comes within the purview of section 259 of the Beal Property Law, which provides that a contract for the sale of real property is void, “ unless the contract, or some note…