Campo v. Freitag

In an action to impress a trust on real property, and for other relief, the appeal is from an order granting respondents’ motion to dismiss the complaint (Rules Civ. Prae., rule 107, subd. 7) on the ground that the Statute of Frauds (Real Property Law, § 242) is a bar to the action. The complaint alleges that appellant, a partial owner of real property, entered into an oral agreement with the mortgagee and the mortgagee’s attorney, respondents herein, that they would bid in the property at the foreclosure sale for appellant’s account, and that they violated the agreement by purchasing the…