Patterson v. Madden
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Reed, who delivered the following opinion : The bill is filed by a vendor to compel the vendee to specifically perform a contract to purchase lands. On January 1st, 1895, John H. Patterson, the complainant, contracted to convey to Thomas B. Madden, the defendant, by deed of general warranty, free from encumbrances, a certain tract of land in Monmouth county.
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On appeal from a decree advised by Vice-Chancellor Reed, who delivered the following opinion : The bill is filed by a vendor to compel the vendee to specifically perform a contract to purchase lands. On January 1st, 1895, John H. Patterson, the complainant, contracted to convey to Thomas B. Madden, the defendant, by deed of general warranty, free from encumbrances, a certain tract of land in Monmouth county. Madden agreed to pay, upon delivery of a deed for the said property, the sum of $4,000. A deed was duly executed by the complainant, and with it he attended at the time and place at which…
1Opinion of the Court
The opinion of the court was delivered by
Gummeke, J.
This is a suit brought by the appellant to compel the respondent to specifically perform a contract to purchase lands. The only question in the case is whether the appellant has a title to the lands contracted for which the respondent is bound to accept.
The lands in controversy were devised to the appellant by the will of his father, which bears date August 9th, 1866,' and whether or not he has a valid title to them depends upon the true construction of that will.
The devise of these lands is, contained in the first clause of the will, and is…
2Cited by6 opinions
- Fithian v. FithianNew Jersey Court of Chancery · 1931
- Davis v. ScharfNew Jersey Court of Chancery · 1926
- Ambruster v. the "Own Your Home" Asso.New Jersey Court of Chancery · 1925
- Cox v. RuslingCourt of Appeals for the Third Circuit · 1936
- Kelley v. North Morris Realty Co.New Jersey Court of Chancery · 1948
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