Legal Opinion
2 & 4 Roman Avenue, Inc. v. Goddard
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1927PublishedCited by 8 opinions
1Opinion of the CourtHagarty, J.
The complaint having been dismissed at the opening of the trial, the sole question for determination upon this appeal is whether or not a cause of action is stated. The relief sought is the specific performance of a contract to purchase real property. The defendant has pleaded a general denial and, as a separate defense, the Statute of Frauds.
The contract sought to be enforced by the plaintiff is to be spelled out of a series of letters written by the defendant, through his attorney, to the plaintiff and annexed, as exhibits, to the complaint. The court at Special Term, in dismissing the…
2Cases cited4 opinions
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Vassar v. . CampNew York Court of Appeals · 1854
- Pelletreau v. BrennanAppellate Division of the Supreme Court of the State of New York · 1906
- Brown v. NortonNew York Supreme Court · 1888
3Cited by8 opinions
- Brause v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1960
- Tymon v. LinokiNew York Court of Appeals · 1965
- Lockwood v. Embalmers Supply Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Cohn v. Geon Intercontinental Corp.Appellate Division of the Supreme Court of the State of New York · 1978
- In re the Estate of SakelNew York Surrogate's Court · 1961
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