Baker v. Peters

FINK, P.J.,

Plaintiff filed a complaint in equity seeking specific performance of a written agreement signed by plaintiff as a lumberman and defendant as the owner of a large wooded lot. Defendant filed preliminary objections to plaintiffs complaint which, in effect, demurred on three counts: first, the Statute of Frauds; second, failure to state a claim; and third, adequate remedy at law. The agreement on which plaintiff stakes his cause of action is a holographic agreement dated October 13, 1976.

The first issue raised by plaintiffs prehminary objections is based upon the proposition that in…