Opinion
October 22, 1984
Appeal from the Supreme Court, Putnam County (Beisheim, J.).
Judgment affirmed, insofar as appealed from, with costs.
Plaintiff's letter of August 14, 1979 identified the parties to the contract and the property which was the subject of the transaction, set out the price and detailed the terms of payment (see Birnhak v Vaccaro, 47 A.D.2d 915). As such, plaintiff's offer set out all of the essential terms of a contract with reasonable definiteness. Accordingly, a valid and enforceable contract was created when appellant accepted the offer on August 20, 1979 (see Tymon v Linoki, 16 N.Y.2d 293). Although a down payment of $30,000 was due upon execution of a formal contract, plaintiff's failure to pay that sum did not constitute a breach of contract since no formal contract was executed.
Under all the circumstances, the damages awarded by the court were reasonable. Mollen, P.J., Lazer, Gibbons and Brown, JJ., concur.