McFaddin v. Sparks

Full title: HARRISON D. McFADDIN, Appellant, v. JOHN C. SPARKS, Respondent

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

Date published: Apr 1, 1930

229 App. Div. 704 (N.Y. App. Div. 1930)

Opinion

April, 1930.

Present — Dowling, P.J., Merrell, McAvoy, O'Malley and Sherman, JJ., Sherman, J., dissents and votes for reversal on the ground that the writings would be sufficient under the Statute of Frauds,^_ if signed by the parties, and that the remaining issue of agency should be determined in the manner provided by rule 108 of the Rules of Civil Practice, or upon trial.

_ See Real Property Law, § 259. — [REP.

Judgment and order affirmed, with costs. No opinion.