Donahue v. Manufacturers Trust Co.

In this action for specific performance of an oral agreement wherein defendant’s testatrix agreed to lend plaintiffs money and plaintiffs agreed to execute and deliver a mortgage upon their lands as security for the repayment of said loan, defendant moves, pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice, to dismiss the complaint upon the ground that said contract is unenforcible under the provisions of the Statute of Frauds.

Plaintiffs are husband and wife and allege in substance that defendant’s testatrix was the grandaunt of plaintiff husband; that on August 22, 1956 she…