DuBois v. Nugent
New Jersey Court of Chancery
Heard bn bill, answer, replication and proofs. On September 8th, 1902, the complainant, Mrs. DuBois, and the defendant Mr. John A. Nugent, entered into a written contract for the exchange of lands, which was carried out on October 1st, 1902, by deeds of that date.
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Heard bn bill, answer, replication and proofs. On September 8th, 1902, the complainant, Mrs. DuBois, and the defendant Mr. John A. Nugent, entered into a written contract for the exchange of lands, which was carried out on October 1st, 1902, by deeds of that date. The land conveyed to the complainant in the exchange was a farm owned by Nugent near Clyde, in Somerset county, on which were extensive orchards, and which was valuable mainly as a fruit farm, and the lands conveyed to Nugent were houses and lote in Jersey City. The bill is filed to rescind the contract of exchange and for a…
1Opinion of the Court
Eiceky, V. C.
(after statement of issues).
The points to which the arguments were principally directed at the hearing were—first, the representations made as to the condition of the trees and the existence of the scale on them during the treaty for purchase or exchange, and whether the charges of the bill in this respect were proved; second, the truth or falsit3r of the representations made; and third, whether the complainant has not by his action -and conduct since the exchange and since the time of his alleged discovery of the falsity of defendant’s representations deprived himself of the…
2Cases cited2 opinions
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- Kountze v. . KennedyNew York Court of Appeals · 1895
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- Hernig v. HarrisNew Jersey Court of Chancery · 1934
- Massachusetts Mut. v. ManzoNew Jersey Superior Court Appellate Division · 1989
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