De Paolo v. Warner

Dannehower, P. J.,

Plaintiffs seek to recover $3,600 loss in value of certain real estate, allegedly resulting from defendants’ failure to fulfill an oral agreement to construct a parking lot. They allege that representations by defendants that the parking lot would be constructed induced them to sign the agreement of sale and to accept the deed. Nevertheless, they have not sought recision of the transaction and return of the total consideration of $14,000.

Defendants filed preliminary objections to the complaint in the nature of a demurrer, alleging, first, that the statute of frauds is a bar…