Felli v. Craft

This is a motion to dismiss the complaint herein pursuant to subdivision 7 of rule 107 of the Buies of Civil Practice, to wit: that the agreement on which it is *884based, is unenforcible under the Statute of Frauds. The particular Statute of Frauds applicable is section 259 of the Beal Property Law providing in substance, that a contract to sell real property must express the consideration and be signed by the party to be charged, or by his agent, who himself has been authorized in writing.

The defendants are husband and wife, both of whom own the property, although the memorandum on which the…