Joehl v. Tricarico

In an action for specific performance of an agreement for the sale of real property, defendant’s motion for summary judgment was granted and plaintiff appeals. Order reversed on the law, with $10 costs and disbursements, and the motion denied, with $10 costs. Upon the present record summary judgment should not have been allowed since factual questions were presented as to whether defendant, by her conduct, estopped herself from denying her husband’s authority, or from invoking the aid of the Statute of Frauds. Lewis, P. J., Carswell, Johnston and Nolan, JJ., concur; Hagarty, J., dissents and…