Marsh v. Marsh

Headnote

Vendor and purchaser — contract — specific performance ■ — • Frauds (Statute of) — action to compel specific performance of alleged oral agreement by wife to convey real property to husband, she having received purchase price.

Marsh v. Marsh, 222 App. Div. 825 , affirmed.

Appeal from a judgment, entered February 6, 1928, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action, husband against wife, was to compel specific performance of oral agreements alleged to have been made by the wife, prior to her incompetency, to convey certain real estate to her husband, she having received the purchase price. The Appellate Division held that the consideration proved was too indefinite to sustain the alleged agreements and the acts relied upon as part performance insufficient to take them out of the Statute of Frauds.