Quinto v. Alexander
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arthur Alexander, from a judgment-of the Municipal Court of the city of New York in favor of the plaintiff.
1Opinion of the Court
Gaynor, J.:
This action is to recover back $50 paid by the plaintiff to the defendant as a deposit on a contract for the purchase by the former of the latter of a .lot of land. The defendant did not refuse performance, but the -’plaintiff claims the right "to recover on the ground that the contract was not sufficiently expressed in writing to satisfy the statute of frauds. But this is wholly irrelevant. *2It is only the vendor who can raise that question. Even if-.the contract be oral, the. vendee has to carry it out or forfeit the amount which lie has paid, on a tender of performance by the…
2Cases cited2 opinions
- Pelletreau v. BrennanAppellate Division of the Supreme Court of the State of New York · 1906
- Collier v. CoatesNew York Supreme Court · 1854
3Cited by9 opinions
- 300 West End Avenue Corp. v. WarnerNew York Court of Appeals · 1929
- Graham v. HealyAppellate Division of the Supreme Court of the State of New York · 1912
- Corn v. BergmannAppellate Division of the Supreme Court of the State of New York · 1910
- 300 West End Avenue Corp. v. WarnerAppellate Division of the Supreme Court of the State of New York · 1928
- McTague v. ConroyNew York Supreme Court · 1928
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