Wharton v. Stoutenburgh
Supreme Court of New Jersey
On appeal from a decree for specific performance of a contract to accept a mining lease of lands, advised by Vice-Chancellor Dodd. This bill was filed by the complainant, who is the respondent in this court, for the specific performance of an agreement for a lease. The complainant is the owner of a tract of mineral lands containing about one hundred and ten acres, situate iu the county of Morris, on which two separate veins of iron ore had been opened and worked.
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On appeal from a decree for specific performance of a contract to accept a mining lease of lands, advised by Vice-Chancellor Dodd. This bill was filed by the complainant, who is the respondent in this court, for the specific performance of an agreement for a lease. The complainant is the owner of a tract of mineral lands containing about one hundred and ten acres, situate iu the county of Morris, on which two separate veins of iron ore had been opened and worked. Early in January, 1880, James H. Collins, agent of Mr. Wharton, proposed to Mr. Stoutenburgh to.make a lease of the mine to Mr.…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The principal ground of contention against this decree was, that no contract, definite and complete in all its terms, was concluded between the parties.
The fact that parties negotiating a contract, contemplated that a formal agreement should be prepared and signed, is some evidence that they did not intend to bind themselves until the agreement was reduced to writing and signed. But, nevertheless, it is always a question of fact, depending upon the circumstances of the'particular case, whether the parties had not completed their negotiations…
2Cases cited1 opinion
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by17 opinions
- Moran v. Fifteenth Ward B. L. Assn.New Jersey Court of Chancery · 1942
- Volk v. Atlantic Acceptance Realty Co.New Jersey Court of Chancery · 1947
- Goldman v. ShapiroNew Jersey Superior Court Appellate Division · 1951
- Levine v. Lafayette Building Corp.New Jersey Court of Chancery · 1928
- Ames v. MontclairNew Jersey Court of Chancery · 1925
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