Kenneth P. Satterly v. Ruth Plaisted

[42 N.Y.2d 933 Page 933] Appeal from a judgment of the Supreme Court, entered November 22, 1976 in Yates County, following an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered May 28, 1976 (52 A.D.2d 1074), which (1) reversed a judgment of the Supreme Court, entered in Yates County upon a decision of the court at a Trial and Special Term (Robert J. McDowell, J.), dismissing the complaint in an action for specific performance of a contract for the sale of certain real property, (2) adjudged that the contract was valid and (3) remitted the matter to Supreme Court to take further evidence, and for enforcement of the contract and possible abatement of the price. Plaintiff sought specific performance of a contract to sell a 50-acre farm located on Lake Keuka. The trial court determined that there was no valid contract because there was no agreement as to price or to the boundaries and extent of the land to be conveyed, and the contract was subject to the existence of 150 feet of lake frontage, to be determined by a survey, which survey showed that there was only 142.16 feet of lake frontage. The Appellate Division concluded that the contract fixed the price at $66,000 and provided for $18,000 or $20,000 down payment (at the option of the seller); that before the contract was signed [42 N.Y.2d 933 Page 934]