Birch v. McNall

Judgment and order unanimously reversed, with costs, and motion denied, with $10 costs. Memorandum: The complaint herein sought specific performance of a written contract in which plaintiffs agreed to purchase and defendant agreed to sell certain realty. Defendant’s motion for summary judgment dismissing the complaint was granted. It is not disputed that the writing was signed by all three parties but the complaint was dismissed upon a holding by Special Term that the contract was never “delivered” by defendant to plaintiffs after execution by the former. A binding contract, however, may be…