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Pfalzer v. Harloff

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 21, 1983
91 A.D.2d 1166 (N.Y. App. Div. 1983)

Opinion

January 21, 1983

Appeal from the Supreme Court, Erie County, Gossel, J.

Present — Dillon, P.J., Simons, Doerr, Boomer and Moule, JJ.


Judgment affirmed, with costs. All concur, Simons, J., not participating. Memorandum: The Trial Justice properly admitted parol evidence to aid in the construction of the description contained in the contract of sale ( Mullen v. Washburn, 224 N.Y. 413, 418; Coleman v. Manhattan Beach Improvement Co., 94 N.Y. 229, 232; Pettit v. Shepard, 32 N.Y. 97, 104; Smith v. Slocum, 71 A.D.2d 1058, 1059). The parol evidence indicated that defendant, Roy Harloff, intended to sell all of his farm, which then consisted of approximately 150 acres, including the 22 acres south of Stegman Road. This parol evidence was consistent with the description in the contract which called for the sale of "[t]he Roy Harloff farm, so-called * * * consisting of about 150 acres of land".


Summaries of

Pfalzer v. Harloff

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 21, 1983
91 A.D.2d 1166 (N.Y. App. Div. 1983)
Case details for

Pfalzer v. Harloff

Case Details

Full title:FRANK PFALZER, Respondent, v. ROY F. HARLOFF, Appellant

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

Date published: Jan 21, 1983

Citations

91 A.D.2d 1166 (N.Y. App. Div. 1983)