McDougall v. Wait

33 N.Y. Sup. Ct. 243

Opinion

Judgment reversed and new trial ordered, costs to abide event. Held, that'the agreement is not within'the statute of frauds, as it was fully executed on the part of the plaintiff at the time when it was made; that if the agreement were void by the statute, the plaintiff would be entitled to recover back the money paid by him to the defendant, and that as to all other questions the case is controlled by that of Grover v. Wait (59 N. Y., 156).