Triplett v. Ivins
Supreme Court of New Jersey
On appeal from a decree of the court of chancery advised by Vice-Chancellor Learning, who filed ihe following opinion: “By the hill filed herein complainant seeks a decree of specific performance against his vendor of a written contract for the-sale of land with an abatement from the purchase price. “By the terms of the contract defendant engaged to convey to complainant an insurable title free from encumbrances.
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On appeal from a decree of the court of chancery advised by Vice-Chancellor Learning, who filed ihe following opinion: “By the hill filed herein complainant seeks a decree of specific performance against his vendor of a written contract for the-sale of land with an abatement from the purchase price. “By the terms of the contract defendant engaged to convey to complainant an insurable title free from encumbrances. At the time the contract was made [January 13th, 1920)] both parties believed that defendant was the sole owner of the land. It has since been, ascertained that at that time…
1Per curiam
The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court below by Yice-Chancellor Learning.
For affirmance — The Ci-iiee-Justice, Swayze, Trenciiard, Parker, Bergen, Minturn, Iyalisch, Black, Katzenbaci-i, ITeeeenheimer, Williams, Gardner, Ackerson, Yan Bus-kirk — 14. For reversal — None.
2Cited by20 opinions
- In Re PerryNew Jersey Superior Court Appellate Division · 1932
- Fidelity-Philadelphia Trust Co. v. HarloffNew Jersey Court of Chancery · 1943
- Levine v. Lafayette Building Corp.New Jersey Court of Chancery · 1928
- Milkes v. SmithCalifornia Court of Appeal · 1949
- Appleby v. ApplebyNew Jersey Court of Chancery · 1946
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