The court considered two competing applications between brothers who jointly owned a triplex property.
Domenic Rosso sought to enforce an alleged oral agreement for the purchase of Bruno Rosso’s one-third interest in the property, while Bruno Rosso sought partition and sale of the property.
The court found that there was no enforceable oral contract due to lack of agreement on essential terms, and that even if there had been, it would have been unenforceable under the Statute of Frauds and not saved by part performance.
The court granted Bruno’s application for partition and sale, and ordered an accounting.
