Bambace v. Bachrach

In this action the plaintiffs vendees' seek to compel specific performance of an asserted agreement for the sale of a house to them. Defendant vendor moves to dismiss the complaint upon the ground that ‘ ‘ the contract # * * is unenforcible under the provisions of the statute of frauds ” and subdivision 7 of rule 107 of the Buies of Civil Practice.

The memorandum relied on by plaintiffs, and signed by the defendant, reads as follows:

“ Sep 9 — 1959

Beceived $100 dep on parcel 6013-6017 — 13th Ave as agreed price $22,000 subject to contract.”

Defendant contends that the failure of the writing to…