Legal Opinion
Gendelman v. Mongillo
Supreme Court of Connecticut
Decided August 4, 1921PublishedCited by 40 opinions
Suit for the specific performance of an agreement to sell certain real estate, brought to the Superior Court in New Haven County where a demurrer to the complaint was sustained, Webb, J., and judgment rendered for the defendants, from which the plaintiff appealed.
1Opinion of the CourtWheeler, C. J.
The plaintiff seeks in this action to secure the specific performance of a writing placed upon the back of a blank check as follows:—
“Sold to Fred Gendelman, house for $3,000. Give 2 months time from Nov. 21, 1919. 6 Washington Place. Cash $1,000, $50 every 6 months on a principal.
“Joseph Mongillo
“Erminia Mongillo
“Interest on mortgage 1 month time to straighten out. Received check of $100 deposit.
“Witness Mrs. Faticoni.”
The defendants demurred to the complaint because: (1) The action was prematurely instituted. (2) The contract as evidenced by the writing was within the statute of frauds, in…
2Cases cited22 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Hodges v. KowingSupreme Court of Connecticut · 1889
- Shelinsky v. FosterSupreme Court of Connecticut · 1913
17 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Santoro v. MackSupreme Court of Connecticut · 1929
- DeLuca v. C. W. Blakeslee & Sons, Inc.Supreme Court of Connecticut · 1978
- Ray v. WoosterSupreme Court of Missouri · 1954
- Lynch v. DavisSupreme Court of Connecticut · 1980
- Montanaro v. PandolfiniSupreme Court of Connecticut · 1961
35 more not listed; retrieve them via the Exa API.