Kamens v. Anderson

Defendant, as vendor in a contract for the sale of land, has moved to strike out a vendee's bill for specific performance. The contract is signed by the vendor and is signed by the vendee in the following manner: "Isaac Kamens, Agent."

Our statute of frauds does not require a contract for the sale of real estate to be signed by both parties to the contract. The requirement is that it "shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him or her lawfully authorized." The great weight of authority is to the effect that the phrase, "party to be…