Zilmaur Realty Corp. v. Pinkney

Merrell, J.:

_ The action is brought to compel specific performance of an alleged contract for the sale of real property situate on, Columbus

*468avenue in the city of New York. It is the contention of the appellant that the alleged contract sued upon is within the Statute of Frauds (Real Prop. Law, § 259) and is in no respect binding upon him nor enforcible by the plaintiff. The contract sought to be enforced was made on September 12, 1923, and is as ■ follows:

“ New York City, N. Y.,

“ Sept. 12, 1923.

“ Messrs. Brown, Wheelock: Harris, Vought & Co.,

“ 20 East 48th Street, N. Y.:

“ Gentlemen.— I hereby…