Legal Opinion

Gerba v. Mitruske

Supreme Court of New Jersey

Decided March 1, 1915PublishedCited by 15 opinions

On appeal from a decree of the conrt of chancery advised by Vice-Chancellor Howell, whose opinion is reported ante p. 79.

1Opinion of the Court

The opinion of the court was delivered by

Gummere, Chief-Justice.

By the bill in this case the complainant, Mary Gerba, sought the specific performance of a contract made by her and the defendant for the sale of certain lands to him owned by her, and located in the city of Perth Amboy. The defence set up by the .answer was that, at the time of the filing of the bill, the complainant was unable to make a good title, by reason of the fact that there was then in existence a prior valid agreement made by her with one Kish for the sale of the same premises, which had been duly recorded, and second,…

2Cited by15 opinions

  1. Storch v. TeppermanNew Jersey Court of Chancery · 1926
  2. Joachim v. BelfusNew Jersey Court of Chancery · 1930
  3. Hoffman v. PerkinsNew Jersey Superior Court Appellate Division · 1949
  4. The Caldwell B. L. Assn. v. HenryNew Jersey Court of Chancery · 1936
  5. Caparell v. GoodbodyNew Jersey Court of Chancery · 1942

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