Legal Opinion

Millville Aerie v. Weatherby

New Jersey Court of Chancery

Decided October 18, 1913PublishedCited by 9 opinions

On final hearing on bill for specific performance of contract for sale of land.

1Opinion of the Court

Leaking, V. C.

The question here presented is whether, as between vendor and vendee, the burden of taxes and insurance- covering the period between a contract of sale of land and the date for delivery of the deed of conveyance falls upon the vendor or vendee in the absence of any stipulation touching taxes or insurance other than the engagement of the vendor to deliver a deed for the property free from all encumbrances.

This bill is filed by the vendee for the specific performance of the contract. Vendee has made all payments specificallly named in the contract and the vendor refuses to deliver…

2Cases cited1 opinion

  1. Bradford v. President of the Union Bank of TennesseeSupreme Court of the United States · 1852

3Cited by9 opinions

  1. Wolf v. Home Insurance Co.New Jersey Superior Court Appellate Division · 1968
  2. Wolf v. the Home Insurance Co.New Jersey Superior Court Appellate Division · 1968
  3. Brady v. WelshSupreme Court of Iowa · 1925
  4. City of Newark v. Central & Lafayette Realty Co., Inc.New Jersey Superior Court Appellate Division · 1977
  5. Moran v. Fifteenth Ward B. L. Assn.New Jersey Court of Chancery · 1942

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