William Congdon sued Brita and William Everett claiming the couple failed to honor an oral agreement to sell a piece of property. (Congdon also thought he was entitled to relief based on "unjust enrichment" theory.)
From 1998 to 2006, Congdon lived on the property with the Everetts' daughter. After he filed for divorce, Congdon claimed the in-laws had agreed to sell the parcel to him.
When the in-laws asked for the case's dismissal, the Cattaraugus County Supreme Court denied their request.
On appeal, the Appellate Division, Fourth Department, thought Congdon's claim was barred by the "statute of frauds" -- a law which requires all transfers of real property be in written form and signed by the parties involved. Without that document, the AD4 thought the case had to be dismissed.
(Although Congdon made monthly payments to the Everetts and helped improve the property, the AD4 didn't think those acts triggered an exception to the law's writing requirement.)
And so it is written.
To view a copy of the Appellate Division's decision, please use: Congdon v. Everett