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FRIEDMAN v. HANDELMAN

300 N.Y. 188 (1949)

Jacob Friedman, Doing Business under the Name of J. Friedman Company, Appellant, v. Aaron L. Handelman et al., Respondents.

Court of Appeals of the State of New York.

Decided December 29, 1949

Attorney(s) appearing for the Case

Leonard Weintraub and Howard Henig for appellant.

Jack L. Ratzkin and Milton Kunen for respondents.

LOUGHRAN, Ch. J., CONWAY and BROMLEY, JJ., concur with LEWIS, J.; DYE, J., dissents in opinion in which DESMOND and FULD, JJ., concur.

LEWIS, J.

On January 19, 1948, the defendant Handelman, acting for himself and the defendant Welsher, signed a contract — to which it will be convenient to refer as the January contract — by which he agreed to purchase from one Harry Lefrak a parcel of land, comprising ninety lots in the city of Long Beach, Nassau County. Under that contract the defendant, Handelman, was to take title "Subject...

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