Polishuk v. Caidin

NESBITT, Judge.

This is an appeal from a final judgment specifically enforcing an oral land sale contract in favor of the former husband against his ex-wife. We find that the husband failed to either plead or establish his cause of action and, therefore, we reverse.

Following a dissolution of marriage, the husband and wife were left as tenants in common of separate parcels of real estate. The wife filed a complaint for partition of the properties. They then entered into negotiations culminating in a written contract for the husband to convey his interest in the Montclair Apartments to the wife.…