Zirman v. Beck

Motion for summary judgment. The action is one for specific performance of a contract to sell realty to plaintiff.

A printed form of binder signed by the parties, apparently complete in its essential terms, is annexed to the papers. The defendants’ answer alleges as affirmative defenses (1) that it was intended merely as a preliminary agreement and a formal contract was to be executed at a later date, and (2) that the alleged agreement is not complete in its terms, particularly as to the third purchase-money mortgage.

The arguments on these two defenses need not be considered and decided on…