(Download) "David W. Perfetti v. Salvation Army" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: David W. Perfetti v. Salvation Army
- Author : Supreme Court of New York
- Release Date : January 21, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
[31 A.D.2d 580 Page 580] This action is one to compel the specific performance of an alleged contract for the sale of real property. The complaint alleges that on July 26, 1967 the parties entered into an agreement whereby plaintiff was to purchase and defendant was to sell premises known as 24 Court Street, Cortland, New York for the sum of $15,000. Defendant has interposed the Statute of Frauds as a defense. The affidavits and supporting documents disclose that defendant's Cortland Advisory Board had resolved to sell the Court Street property and to take steps to acquire other facilities in the area. A resolution of the defendant's Board of Trustees, dated June 27, 1967, approved a sale of the property for the sum of $15,000, the amount offered by an unidentified prospective purchaser and also directed that a petition be presented to the Supreme Court for an order authorizing a sale for that amount. A petition was duly submitted and the order applied for was signed on July 12, 1967. Thereafter, for some undisclosed reason, the unnamed purchaser withdrew his offer. On July 26, 1967, Werner Melinder, a member of the Cortland Advisory Board and also an independent real estate agent contacted the plaintiff who had expressed some interest in purchasing the property and proceeded to show him the property. Upon completion of the inspection of the premises, plaintiff inquired as to the defendant's asking price and when told that it was $15,000, he said, "I'll take it", to which Melinder replied, "Fine". That same afternoon, a document entitled "Purchase Agreement" was drawn up and signed [31 A.D.2d 580 Page 581]