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RUANE v. SMITH

5 Misc.2d 366 (1957)

John F. Ruane, Plaintiff, v. Raymond Smith, Defendant.

Supreme Court, Special Term, Oneida County.

February 28, 1957.

Attorney(s) appearing for the Case

Francis P. Valone for plaintiff.

John P. Gualtieri for defendant.

DONALD P. GORMAN, J.

A binding option is a contract, but it is also an offer which when accepted will create another contract. The acceptance "must comply with the terms of the offer." (Gram v. Mutual Life Ins. Co. of N. Y., 300 N.Y. 375, 382.)

This is an action for damages for a breach of such a contract. The present motion is for summary judgment pursuant to subdivision...

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