Recent AdditionMichele Mazur v. eBay Inc., Hot Jewelry Auctions.com d/b/a Jewelry Overstock Auctions and Paramount Auctions, et al. |
Electronic Signatures - Internet Library of Law and Court Decisions - Updated June 16, 20044 Misc.3d 193, 776 N.Y.S.2d 458 (Sup. Ct. Kings Co., NY, May 4, 2004)
Court holds that e-mail sent by defendant accepting plaintiff's offer to purchase real property, upon which defendant typed his name, satisfies the requirement of the Statute of Frauds that contracts for the transfer of an interest in real property be evidenced by a writing. The Court nonetheless dismissed plaintiffs' claim, seeking specific performance of the parties' alleged agreement, because the e-mails the parties exchanged failed to contain all of the essential terms of a contract for the sale of real property. Civ. Act. No. 01-1109A (Superior Ct., Mass., December 11, 2001)
The court denied defendants' motion to dismiss plaintiff's complaint, which sought to enforce a contract for the sale of real property between the parties based on e-mails they exchanged. The court rejected defendants' claim that this contract was unenforceable by virtue of the Statute of Frauds, holding that e-mails typed and sent by defendant containing a salutation consisting of defendant's name can constitute writings sufficient to satisfy the statute of frauds. |
