AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

COSMOLITE MANUFACTURING COMPANY, INC., Appellant, v. GUS THEODUS, Respondent.

Order affirmed, with costs.

The plaintiff contends that he properly exercised an option to buy contained in his lease agreement with the defendant, and that the defendant wrongfully refused to honor their contract.

In order for a contract for the sale of property to be enforceable, "it must be sufficiently certain and specific so that what was promised can be ascertained" (Martin Delicatessen v Schumacher, 52 N.Y.2d 105, 109). In the instant agreement, the parties provided that the tenant could purchase the premises "for $100,000.00 with terms to be arranged at any time during the said lease". The parties never arranged such terms. Consequently, a material element was omitted from their agreement (see, Willmott v Giarraputo, 5 N.Y.2d 250, 252; Blakey v McMurray, 110 A.D.2d 998; Read v Henzel, 67 A.D.2d 186), and the purchase option is unenforceable (Martin Delicatessen v Schumacher, supra).

Accordingly, the complaint was properly dismissed. Lazer, J.P., Mangano, Gibbons and Bracken, JJ., concur.

Use AI to get other relevant cases.

Comments

COSMOLITE MANUFACTURING CO., INC. v. THEODUS
(Jul 28, 1986)