Page v. Martin
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Bird, who filed the following conclusions: The complainant Page entered into a writing with one Eara Tolman, by which Tolman agreed to lease and did lease to Page about two acres of land, for five years, with the option on the part of Page to extend it to ten, for the almost nominal consideration of maintaining a line fence along one side of it, this and the adjoining lands being woodland; and with the further option, on the…
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On appeal from a decree advised by Vice-Chancellor Bird, who filed the following conclusions: The complainant Page entered into a writing with one Eara Tolman, by which Tolman agreed to lease and did lease to Page about two acres of land, for five years, with the option on the part of Page to extend it to ten, for the almost nominal consideration of maintaining a line fence along one side of it, this and the adjoining lands being woodland; and with the further option, on the part of the said Page, of buying the same at any time within the period of the said lease by phying $150 an acre…
1Opinion of the Court
.The opinion of the court was delivered by
Garrison, J.
The bill was for the specific performance of an agreement to< convey lands. The attitude of courts of equity upon applications of this character may be summarized in two propositions— first, that the relief invoked is not a matter ex débito justitiae, but rests in the sound discretion of the court, and, second, that where a contract is certain in all its parts and for a fair consideration,, and where the party seeking its enforcement is not himself in default, it is as much a matter of course for courts of equity to-decree the performance…
2Cited by8 opinions
- Humble Oil & Refining Co. v. DoerrNew Jersey Superior Court Appellate Division · 1973
- Kutschinski v. ThompsonNew Jersey Court of Chancery · 1927
- Volk v. Atlantic Acceptance Realty Co.New Jersey Court of Chancery · 1947
- Levine v. Lafayette Building Corp.New Jersey Court of Chancery · 1928
- Hildinger v. BishopNew Jersey Court of Chancery · 1939
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