Lukawski v. Devlin

Headnote

Contract — Statute of Frauds — specific performance — vendor and purchaser — sufficiency of memorandum of contract for sale of real property.

Lukawski v. Devlin, 214 App. Div. 734 , affirmed.

Appeal from a judgment entered July 2, 1925, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and directing judgment in favor of plaintiff. The action was brought for the specific performance of the following alleged contract to sell real property:

“ Staten Island,

“May 16th, 1923.

“ Received from Lukasz Lukawski, the sum of $100.00 (One Hundred Dollars) in part payment of $3,500.00 (Thirty-five Hundred Dollars), on House, No. 35-37 John Street, Port Richmond, S. I., the balance to be paid in 60 days. JAMES DEVLIN,

“ Tel. P. R. 332-M.”

The defense was that the memorandum was insufficient under the Statute of Frauds. The Appellate Division held that it satisfied all the requirements of the statute.

Judgment affirmed, with costs;