Contracts – Statute of Frauds – Signature Applicable to Only Part of a Memorandum
Plaintiff buyer sought specific performance of an alleged contract for the sale of real estate. The instrument, denominated “deposit receipt,” acknowledged receipt of the deposit, and then set forth the terms of the trade. This was signed “By Raymond Asmar,” the alleged agent of the seller, in the place where the broker normally signs. Following this were two provisions. One, signed by plaintiff, stated that he agreed to purchase the property and that he confirmed the contract. A similar provision immediately following was not signed by defendant seller. The district court dismissed for failure to state a claim on which relief could be granted. On appeal, held, affirmed, one judge dissenting. The agreement does not satisfy the Florida statute of frauds. Asmar did not sign as defendant’s agent to sell; his signature merely acknowledged receipt of the money. Moritt v. Fine, (5th Cir. 1957) 242 F. (2d) 128.