Kaplan v. Meyer

Action to impress a constructive trust on certain real property owned by the defendants. Judgment dismissing the complaint on the merits reversed on the law and the facts and a new trial granted, with costs to abide the event. Plaintiff asserts that he orally employed defendant Edith J. Meyer as a real estate broker to purchase a specified house for him; that she agreed to do so, but instead of performing the agreement she negotiated and bought the house for herself and her husband. Defendants denied making any such agreement and invoked the Statute of Frauds as a bar. The finding that such…