MOULTON v. MOORE


33 A.D.2d 887 (1969)

Paul J. Moulton et al., Respondents, v. Charles M. Moore, as Executor of Lucille A. Hoffman, Deceased, Appellant

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

December 11, 1969


Judgment and order reversed on the law and facts, without costs, and matter remitted to Supreme Court, Livingston County, for further proceedings in accordance with the following memorandum: In this action for specific performance, the court found that the plaintiffs had an oral option to buy the property and that because of their part performance, the Statute of Frauds was not a bar to their action. While there was sufficient proof of an oral option, the part performance...

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