The defendants move to dismiss the complaint (Rules Civ. Prac., rule 107) for the reason that the contract upon which plaintiff depends violates the Statute of Frauds. In this kind of motion, the proper allegations of the complaint must be deemed proved.
The complaint identifies the parties, then alleges: that on October 13, 1950, plaintiffs agreed to sell and defendants (Kaskel and Redlark) agreed to buy plaintiffs' described real property...
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