BARDUSCH v. LYNCH


192 A.D.2d 1088 (1993)

596 N.Y.S.2d 270

Charles E. Bardusch, Jr., et al., Appellants, v. Leo Lynch, Respondent

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

April 14, 1993


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The court erred in holding that the ambiguity concerning the location of the boundary line between lots 4 and 5 is to be resolved by the auctioneer. A contract to sell real property must be in writing and that writing must contain all of the essential terms, including a description of the property. The writing in this case, consisting of the accepted purchase...

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