Garfunkel v. Malcolmson

The complaint is in the usual form for an action brought by the vendee of real estate to compel the vendor specifically to perform by conveying title. It does not appear from the complaint that the contract was in writing. The answer is substantially a general denial and does not set up as a defense the Statute of Frauds. The complaint was served on the 1st day of December, 1925. The defendants answered on December 4, 1925, and thereafter on December eighteenth, and within twenty days of the service of the complaint, the defendants moved by order to show cause to dismiss the complaint. In the…