Pollak v. Dapper
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtProskauer, J.
An informal memorandum of sale of real estate signed by the appellant recited the receipt of the earnest money, a description of the property, the price, the down payment to be made upon the signing of a contract, the amount of the purchase-money mortgage to be given “ upon the delivery of the deed the balance purchase money mortgage terms to arrange upon the signing of the contract,” and the time for the execution of the contract. The memorandum is sued upon as an enforcible agreement.
Provision for execution of a formal contract does not defeat the validity of a memorandum apparently…
2Cases cited1 opinion
- Spielvogel v. VeitAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by11 opinions
- Willmott v. GiarraputoNew York Court of Appeals · 1959
- Steen v. RustadMontana Supreme Court · 1957
- Read v. HenzelAppellate Division of the Supreme Court of the State of New York · 1979
- Tymon v. LinokiNew York Court of Appeals · 1965
- Kusky v. BergerNew York Supreme Court · 1962
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