Donovan v. Brenning

The opinion of the court was delivered by

Minturn, J.

The defendant entered into possession of the premises 141 Ocean avenue, in Atlantic City, under an agreement in writing, executed by him with the plaintiff, the owner, whereby the plaintiff, in consideration of the payment to her of $6,550, agreed to convey the premises to the defendant, who, pending the delivery of the deed, by a covenant in the contract of sale, was allowed to take possession. The plaintiff was unable, for reasons dehors the contract, to make title in accordance with her agreement, and the Vice Chancellor, on a bill filed,…