ROBERTS v. FULMER


301 N.Y. 277 (1950)

Joseph W. Roberts et al., Appellants, v. Murnie Fulmer et al., Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1950


Attorney(s) appearing for the Case

George Kohn for appellants.

Joe Schapiro for respondents.

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


DYE, J.

This action was brought to enforce specific performance of an oral contract for the purchase and sale of a farm and dairy upon the theory that part performance had removed the transaction from the Statute of Frauds (Real Property Law, §§ 259, 270), the plaintiffs alleging that, in reliance upon the oral agreement, they had gone into possession of the farm premises and thereafter had made extensive...

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