De Goode v. Burton
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, William A. De Goode, from a judgment • of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 16th day of December, 1909, dismissing the complaint, and also from an order entered in said clerk’s office on the the 7th day of February, 1910, denying the plaintiff’s motion for a new trial.
1Opinion of the Court
Woodward, J.:
The plaintiff brings this action to recover damages for an alleged breach of contract in that the defendant failed to perform the conditions of an alleged agreement to exchange real estate in the borough of Brooklyn. The transaction related to real estate, and the complaint was dismissed upon the ground that the alleged contract was insufficient to meet the requirements of the Statute of Frauds. The alleged contract is found, if at all, in the following letter:
“ New York, April 21, 1909.
“ Mr. Thomas J. Lockhard,
“ Brooklyn, N. Y. :
“ Dear Mr. Lookhard.—Referring to the proposed…
2Cases cited1 opinion
- Ward v. . HasbrouckNew York Court of Appeals · 1902
3Cited by9 opinions
- Hummell v. CruikshankAppellate Division of the Supreme Court of the State of New York · 1952
- Polucek v. JahodaAppellate Division of the Supreme Court of the State of New York · 1922
- United States v. City of New YorkCourt of Appeals for the Second Circuit · 1942
- Zirman v. BeckNew York Supreme Court · 1962
- Murphy v. MahoneyNew York Supreme Court · 1946
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