Legal Opinion

Tobias v. . Lynch

New York Court of Appeals

Decided February 28, 1922PublishedCited by 20 opinions

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 28, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the Kings County Court at a Trial Term without a jury. The action was to compel specific performance of an alleged contract to sell real property.

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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 28, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the Kings County Court at a Trial Term without a jury. The action was to compel specific performance of an alleged contract to sell real property. The following memorandum of sale was attacked as insufficient under the Statute of Frauds because it failed to distinguish between the purchaser and seller and because the date for closing was omitted: „ May ^ lgm “ Agreement…

1Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, Crane and Andrews, JJ. Absent: McLaughlin, J.

2Cited by20 opinions

  1. Birnhak v. VaccaroAppellate Division of the Supreme Court of the State of New York · 1975
  2. Allied Sheet Metal Works, Inc. v. Kerby Saunders, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  3. Villano v. G & C Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
  4. Gregg v. U.S. Industries, Inc.Court of Appeals for the Eleventh Circuit · 1983
  5. Sid Farber Hempstead Corp. v. BuckleySuffolk County District Court · 1970

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