Camerota v. Wisniewski

In this action for specific performance and damages arising out of claimed breach of a contract to sell real estate, a demurrer to the original complaint was overruled on the ground that on the face of the record as it then existed, the demurrer left untouched “the possibility of proof of the action based upon a ‘memorandum’ within the meaning of the statute.” At that time the court did not deem it necessary to determine, nor did it determine, whether the allegations of the complaint with respect to part performance were sufficient to take the claimed agreement out of the Statute of Frauds.

Sub…