Blakeslee v. Nelson — 240 N.Y. 697

Majority

p. 697

Anna L. Blakeslee, Appellant, v. Florence T. Nelson, as Executrix of Robert M. Nelson, Deceased, Respondent.

(Argued June 5, 1925;

decided July 15, 1925.)

Headnote

Vendor and purchaser — real property — specific perforinance — contract — action to compel specific performance of alleged contract to convey real property — offer and acceptance.

Blakeslee v. Nelson, 212 App. Div. 219 , affirmed.

Appeal from a judgment, entered January 22, 1925 upon an order of the Appellate Division of the Supreme

p. 698

Court in the third judicial department, reversing an interlocutory judgment in favor of plaintiff entered upon a decision of the court at Special Term upon the submission of the within cause upon the minutes of trial at a Trial Term without a jury before a justice, since retired, and directing a dismissal of the complaint. The action was to compel specific performance of an alleged contract to convey real property. Plaintiff contended that certain letters and telegrams that passed between plaintiff’s agent and defendant’s testator constituted an offer and acceptance.

William E. Woollard and Louis J. Rezzemini for appellant.

A. Page Smith for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.