New York Court of Appeals

Alfred H. Newburger, Appellants v. American Surety Company, Respondent

February 24, 1926242 N.Y. 134

Summary

The New York Court of Appeals reversed the lower courts, holding that the August 10 and 12, 1920 letters constitute a definite and complete lease agreement enforceable for specific performance, not merely an option. The Court found the contract valid despite the Statute of Frauds and barred the admission of parol evidence to vary its clear terms. Accordingly, the judgments were reversed and a new trial was ordered.