Mondrus v. Salt Haven Corp.

This is an action for specific performance of a contract to convey real property owned by appellant corporation, and the plaintiff joins as a party defendant a lawyer named Charles W. Philipbar. The claim is that the contract sought to be specifically performed was signed by the lawyer as the attorney and agent for the corporation. The corporation now seeks to repudiate the contract by reason of section 259 of the Real Property Law which provides, briefly, that such a contract is void unless subscribed by the party to be charged or by his lawful agent thereunto authorized by writing. Order…