Torres v. Thompson
New York Supreme Court
Action to recover for labor and material in building houses for the defendants. Motion by the plaintiffs for a new trial on the minutes.
1Opinion of the Court
Gaynor, J.:
It was pleaded as a defense that the work was done and material furnished under an agreement that the defendants should pay for the same by conveying to the plaintiffs certain land, and that they had tendered such conveyance. The contract was oral, and when oral evidence was offered of it by the defendants the plaintiffs’ objection to it was overruled. The exception to such ruling is not good. True, a contract for the sale of real property is void unless in writing and signed by the grantor. It does not need to be signed by the grantee; and when he pays the consideration he cannot…
2Cases cited2 opinions
- Galvin v. . PrenticeNew York Court of Appeals · 1871
- Collier v. CoatesNew York Supreme Court · 1854
3Cited by4 opinions
- 300 West End Avenue Corp. v. WarnerNew York Court of Appeals · 1929
- Pelletreau v. BrennanAppellate Division of the Supreme Court of the State of New York · 1906
- Corn v. BergmannAppellate Division of the Supreme Court of the State of New York · 1910
- Reilly v. SteinhardtNew York Supreme Court · 1908