Bardusch v. Lynch

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The court erred in holding that the ambiguity concerning the location of the boundary line between lots 4 and 5 is to be resolved by the auctioneer. A contract to sell real property must be in writing and that writing must contain all of the essential terms, including a description of the property. The writing in this case, consisting of the accepted purchase offer, contains no description but refers to the lands sold only as "Auction *1089parcels 1, 2, 3 and 4 lands of Leo…