Sutton v. Sandler

Defendants in their memorandum clearly indicate the basis of this motion ostensibly brought pursuant to rule 113 of the Rules of Civil Practice. ‘1 The issue on this motion for summary judgment is purely one of law. We contend that the statute of frauds is an absolute bar to plaintiff’s action both at law and in equity.”

Plaintiff brings the within action to impress a trust upon premises alleged in the complaint to have been acquired by defendants pursuant to the latters’ alleged fraudulent representations made to plaintiff’s agent that they would advance the funds necessary to enable…