Rogalsky v. Ryan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: The offer and acceptance was a sufficient memorandum to comply with the statute. Although counsel for the parties prepared a deed without reserving possession of the house, barn and garden to the defendants and covered that part of the agreement in a separate lease, this was unnecessary as the deed itself could have been drawn to reserve defendants’ right to possession in that part of the premises for a period of five years. The fact that the lease was prepared and contained terms objectionable to either party did not affect the original offer and acceptance as that agreement…
2Cases cited3 opinions
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Newburger v. American Surety Co.New York Court of Appeals · 1926
- Rogalsky v. RyanNew York Supreme Court · 1948