Legal Opinion

Brinton v. Scull

New Jersey Court of Chancery

Decided May 15, 1897PublishedCited by 5 opinions

On bill, answer and proofs. The bill in this case is filed to compel the specific performance of an agreement claimed to have been made by the defendant Scull, through his agents, Porter & Crowley, with the complainant, on the 27th of September, 1895, for the sale of a tract of land situate on the east side of Chelsea avenue, and designated as No. 11 in block 12 of the Chelsea Beach Company, as shown on that company’s land on file in the Atlantic county clerk’s office.

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On bill, answer and proofs. The bill in this case is filed to compel the specific performance of an agreement claimed to have been made by the defendant Scull, through his agents, Porter & Crowley, with the complainant, on the 27th of September, 1895, for the sale of a tract of land situate on the east side of Chelsea avenue, and designated as No. 11 in block 12 of the Chelsea Beach Company, as shown on that company’s land on file in the Atlantic county clerk’s office. The complainant alleges that Scull had employed Messrs. Porter & Crowley to act as his agents for the sale of this lot; that…

1Opinion of the Court

Grey, V. C.

In so far as the bill charges the conveyance to Johnson to have been a subterfuge and a fraud, there has been no proof submitted upon the part of the complainant which tends to establish this charge.

There seems to be no dispute that the complainant entered into the bargain for the purchase of’ the lot with Porter & Crowley,, believing them to be the agents of the defendant Scull, in good faith, and that he received the above memorandum of the sale and made a payment on account of the purchase-money and tendered to the defendant Scull the residue of it.

The form of the agreement is…

2Cited by5 opinions

  1. NJ BANK v. Azco Realty Co., Inc.New Jersey Superior Court Appellate Division · 1977
  2. Scult v. Bergen Valley Builders, Inc.New Jersey Superior Court Appellate Division · 1962
  3. Miller v. HeadleyNew Jersey Court of Chancery · 1932
  4. Palisade Gardens, Inc. v. GroschNew Jersey Court of Chancery · 1936
  5. Toplan v. HooverNew Jersey Court of Chancery · 1926

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