SOUTHARD v. ALFORD


50 A.D.2d 664 (1975)

William A. Southard, as Administrator with the Will Annexed of The Estate of Ralph B. Southard, Deceased, Appellant, v. David B. Alford et al., Individually and as Copartners Doing Business as Alford & Lynes, Respondents

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

November 13, 1975


In 1960, the decedent, Ralph B. Southard, in poor health and in need of funds, turned to defendants for help. They agreed to purchase his property and the premises were conveyed to them. The oral contract of sale called for a purchase price of $30,000, $13,520.08 of which was to be paid upon resale of the parcel by defendants and the remaining $16,479.92 of which consisted of outstanding mortgages assumed by the defendants. It was further agreed that defendants would not...

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