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SUTTON v. LIENAU

225 N.J. Super. 293 (1988)

542 A.2d 473

ILA SUTTON, PLAINTIFF-RESPONDENT, v. GORDON LIENAU, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1988.

Amended opinion filed May 5, 1988.

Attorney(s) appearing for the Case

Bernard W. Hehl argued the cause for appellant (Hehl, Hehl & Gicking, attorneys for defendant-appellant; Bernard Hehl and Stephen F. Hehl on the brief and reply brief).

Richard E. Kummer argued the cause for respondent (Kummer, Knox & Naughton, attorneys for plaintiff-respondent; Richard E. Kummer, Stephen R. Knox, James A. Flynn and Christine A. Barker on the brief).

Before Judges O'BRIEN, HAVEY and STERN.

The opinion of the court was delivered by STERN, J.A.D.

Defendant appeals from a portion of a final judgment confirming the entry of summary judgment dismissing defendant's counterclaim for specific performance of an option to purchase real property. Judgment was entered for plaintiff because the option was held unenforceable under the statute of frauds, N.J.S.A. 25:1-5 et seq. We now hold that a series of writings, including a memorandum signed by an...

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