Levine v. Lafayette Building Corp.

The opinion of the court was delivered by

Parker, J.

As we read the so-called "agreement of sale,” which is set out substantially in full in the opinion of the vice-chancellor, ubi supra, it is on its face incomplete, and on its face it contemplates a "formal contract” which naturally would settle certain terms not stipulated in the existing paper; noticeably, the details of the first mortgage, subject to which the conveyance is to be made (except the term of five years which is stated in the paper) and also of the second mortgage. Assuming that the offer of cash in lieu of the latter would…