Bach Realty Corp. v. George Whiten Realty Corp.

Plaintiff sues on a contract with the defendant George Whiten Realty Corporation and one Ostermeyer for the sale by them to it of certain real property in Nassau county. It alleges a payment to Ostermeyer on account of said contract as the authorized agent of the George Whiten Realty Corporation, and in its complaint seeks the specific performance of the agreement of sale. The defendants deny the material allegations of the complaint and invoke the Statute of Frauds as a separate defense.

The bill of particulars contains the note or memorandum upon which plaintiff relies. It is also annexed to…