Hamilton v. Traub

Seitz, Vice-Chancellor:

The real issue is whether the statute of frauds prevents complainants from securing specific performance of an oral agreement to purchase real property. Since this matter arises on a demurrer to the bill as amended, the well pleaded factual allegations are here taken to be true. I shall delineate these allegations.

Complainants, after negotiations with the defendant, made an agreement with the defendant on or about August 30, 1946, to purchase for the sum of $4,700 the premises wherein the defendant then lived and which she owned, known as Lots Nos. 13 and 14 in Section…