Michael Ryan and Thomas Nevins, Appellants v. John L. Dox, Respondent

Summary

The Court of Appeals reversed the lower court's judgment, holding that an oral agreement for a purchaser to buy property at a foreclosure sale for the benefit of the mortgagor's equity is enforceable despite the statute of frauds, because part performance and fraud preclude the statute's operation, and the purchaser is a trustee ex maleficio who must convey the property to the plaintiffs.