Legal Opinion

Blake v. Flatley

Supreme Court of New Jersey

Decided March 15, 1888PublishedCited by 6 opinions

On appeal from a decree advised by Vice-Chancellor Bird, who filed the following opinion : The bill asks for the specific performance of a contract to convey lands. When the contract was made $5 were paid in cash, and a receipt given therefor in writing, showing that it was for the purchase of a certain lot. The vendor resists the specific performance on the ground of uncertainty of description.

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On appeal from a decree advised by Vice-Chancellor Bird, who filed the following opinion : The bill asks for the specific performance of a contract to convey lands. When the contract was made $5 were paid in cash, and a receipt given therefor in writing, showing that it was for the purchase of a certain lot. The vendor resists the specific performance on the ground of uncertainty of description. But the bill describes the lot by metes and bounds, and otherwise fixes its location with great certainty, and the answer says that that is the lot which the defendant actually agreed to sell. That…

1Opinion of the Court

The opinion of the court was delivered by

Scudder, J.

A bill was filed for the specific performance of a contract in writing, signed by the defendant, John Blake, to convey a lot of land for the sum of $55, to be paid in cash when the purchaser received his deed. Five dollars were paid on signing the contract. The land is described in the receipt given and memorandum of *230sale as a lot of land near lands of Michael Haggerty. It appears in the evidence that, before the writing was signed by Blake, the lot was examined and designated by the parties, and there is no dispute or difficulty as to the…

2Cases cited1 opinion

  1. King and Others v. Hamilton and OthersSupreme Court of the United States · 1830

3Cited by6 opinions

  1. Glantz v. Willow Supply Co.New Jersey Court of Chancery · 1947
  2. Pruitt v. GrazianoNew Jersey Superior Court Appellate Division · 1987
  3. Jaeger v. Ridgewood Park Estates, Inc.New Jersey Court of Chancery · 1936
  4. Anselmo v. FranckNew Jersey Court of Chancery · 1932
  5. Bondarchuk v. BarberNew Jersey Court of Chancery · 1944

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