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Guinn v. Kurland

1 A.D.2d 787 Court N.Y. App. Div. Decision date 1956-01-30 English

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p. 787
Ida M. Guinn, Appellant, v. Abraham Kurland, Respondent.

In an action to recover damages for the alleged breach, by the vendee, of a contract to purchase real property, the appeal is from that part of a judgment which dismissed the complaint, after trial. Judgment, insofar as appealed from, unanimously affirmed, without costs. In our opinion, the writing was merely a note or memorandum of a contract, and evidence was, therefore, admissible

p. 788
to show that the memorandum was incomplete. (Mesibov, Glinert & Levy v. Cohen Bros. Mfg. Co., 245 N. Y. 305 , 313.) Special Term was justified in holding that the memorandum was incomplete with respect to the question of possession of the first-floor apartment, which was a material element in this transaction. Present — Nolan, P. J., Wenzel, Beldock, Murphy and Kleinfeld, JJ.

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