FARR v. NEWMAN


14 N.Y.2d 183 (1964)

Franz Farr, Respondent, v. George W. Newman, Defendant, and Elbert C. Hardy, Appellant.

Court of Appeals of the State of New York.

Decided April 30, 1964.


Attorney(s) appearing for the Case

James J. Monighan for appellant.

Edward M. Horey for respondent.

Chief Judge DESMOND and Judges DYE and SCILEPPI concur with Judge BURKE; Judge VAN VOORHIS dissents in an opinion in which Judges FULD and BERGAN concur.


BURKE, J.

The plaintiff, Farr, entered into an agreement, evidenced by a memorandum, to purchase certain real property owned by the Newmans for $3,000. After the making of this agreement, which was not in a form to be recorded, the defendant, Hardy, took a conveyance of the subject property, paying $4,000 therefor. Hardy's attorney, however, had knowledge of the outstanding agreement between Farr and Newman....

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