Bommelyn v. Moss

The opinion of the court was delivered by

Trenchard, J.

The bill of complaint in this case was for a specific performance of a contract dated February 20th, 1926, for the sale of vacant lands by the then owner to the complainant. By the terms of the contract the purchase price was $1,800 payable $15 a month on the principal, together with interest. The contract was to be consummated on February 20th, 1936. It contained a thirty-day default clause and time was made of the essence of the contract. In 1932 the vendor sold the land to the defendant Mrs. Bott expressly subject to the contract. Mrs.…