McGRATH v. HILDING


52 A.D.2d 633 (1976)

Doreen McGrath, Respondent, v. Roy F. Hilding, Appellant

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

April 26, 1976


Judgment affirmed insofar as appealed from, with costs.

Under the circumstances outlined at the trial, including the existence and abuse of a confidential relationship, and a mutual understanding between the parties, a clear case of unjust enrichment has been spelled out by reason of the breach of that understanding, which the Statute of Frauds may not serve to vitiate. Since the subject property was subsequently sold, plaintiff...

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