Tuesday, August 19, 2014

The statute of frauds and a subscribed memorandum.

Practice point:  To satisfy the statute of frauds, a memorandum, subscribed by the party to be charged, must designate the parties, identify and describe the subject matter, and state all of the essential terms of a complete agreement. A writing is not a sufficient memorandum unless the parties' full intention can be ascertained from it alone, without recourse to parol evidence.

Student note:  The statutorily required writing need not be contained in one single document, but may be furnished by piecing together related writings.

Case:  Dahan v. Weiss, NY Slip Op 05767 (2d Dept. 2014)

Here is the decision.

Tomorrow's issue:  Dismissal for neglect to proceed.