From Casetext: Smarter Legal Research

Palmer v. Rotary Realty Company

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1917
178 App. Div. 907 (N.Y. App. Div. 1917)

Opinion

April, 1917.


This demurrer to the amended complaint was well taken. An alleged promise to hold land and then to reconvey on request, resting wholly in parol, is within the Statute of Frauds. (Real Property Law, § 242; 20 Cyc. 233 (e).) Even if in writing, such a promise to reconvey would not be specifically enforced for the reason that it was unilateral, as plaintiffs do not show that they agreed to take back the property. ( Levin v. Dietz, 194 N.Y. 376; Riker v. Comfort, 140 App. Div. 117.) These appellants cannot avail themselves of the alleged usury in giving a mortgage before they acquired the property. The order is, therefore, affirmed, with ten dollars costs and disbursements. Jenks, P.J., Stapleton, Mills, Putnam and Blackmar, JJ., concurred.


Summaries of

Palmer v. Rotary Realty Company

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1917
178 App. Div. 907 (N.Y. App. Div. 1917)
Case details for

Palmer v. Rotary Realty Company

Case Details

Full title:ROSE M. PALMER and LILLIAN PALMER, Appellants, v. ROTARY REALTY COMPANY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 1, 1917

Citations

178 App. Div. 907 (N.Y. App. Div. 1917)

Citing Cases

Schultze v. Hudson Counties Title and Mortgage Co.

Order denying defendant's motion to dismiss complaint reversed, on the law and facts, with ten dollars costs…