Schultz & Son, Inc. v. Nelson

230 A.D. 792 Court N.Y. App. Div. English

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Majority

p. 792

Schultz & Son, Inc., Respondent, v. Nels H. Nelson, Defendant, and Selma Stille, Appellant.

Judgment affirmed, with costs. No opinion. Rich, Young, Seudder and Tompkins, JJ., concur; Lazansky, P. J., dissents and votes for reversal upon the ground that appellant owed the purchaser no duty out of which the purchaser is entitled to damages. To the claim that appellant agreed to convey if the time of the closing of title were adjourned, the Statute of Frauds is a good defense.