Security Bond, C., Co. v. Weiss

On November 24th, 1925, defendants contracted to sell to complainant premises in Newark known as 50 Jones street. The contract contained the following clause: "The buildings upon the said premises are all within the boundary lines of the property as described in the deed therefor herein, and there are no encroachments thereon." On January 28th, 1926, complainant informed defendants that it would rescind the contract on account of encroachments. Complainant filed a bill for rescission. Defendants counter-claimed for specific performance.

At the hearing complainant produced two surveyors, whose…