Duffy v. Benjamin

In an action to compel specific performance of a contract for the purchase and sale of real property, appellants (vendors) moved for judgment on the pleadings and to cancel the Us pendens on the ground that the writings relied on by plaintiff were insufficient to satisfy the Statute of Frauds. (Real Property Law, § 259.) Order denying motion reversed on the law, with $10 costs and disbursements, and motion granted, without costs. A contract whereby a vendor agrees to sell twenty acres out of a total of 57.93 acres of land which he owns, without other identification of the twenty acres…