SCARANE v. T. H. FRASER MORTGAGE CORP.


279 A.D. 602 (1951)

Frank J. Scarane, Appellant, v. T. H. Fraser Mortgage Corp. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 15, 1951.


Upon the trial the contract, marked for identification, was excluded from evidence over appellant's objection. It is our opinion that the contract should have been received in evidence and other excluded proof permitted to determine whether the subscription of the seller's name in typewriting was authorized by the seller and made with the intention of subscribing the seller's name within the intent and meaning of section 259 of the Real Property Law. (Bork v. Martin

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