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JONES v. TRICE

202 A.D.2d 394 (1994)

608 N.Y.S.2d 688

Nevelin C. Jones, Appellant, v. Louis S. Trice, Respondent

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

March 7, 1994

Ordered that the order is affirmed, with costs.

The plaintiff contends that the evidence is insufficient to establish that she abandoned a written contract, dated October 24, 1985, for the sale of real property. We disagree. It is well settled that the parties to an agreement can mutually agree to terminate it by expressly assenting to its rescission while simultaneously entering into a new agreement dealing with the same...

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