Hulmes v. Thorpe
New Jersey Court of Chancery
Bill for specific performance, filed August 7th, 1843, By articles of agreement dated March 19th, 1840, Moses Thorpe agreed to sell, and Hiram Hulmes to buy, a lot of laud described in. the agreement, supposed to contain fort]r-one and a half acres; and if it should not hold out, the quantity was to be taken from another lot of Thorpe’s described in the agreement, in a specified shape and position; Thorpe reserving the sawmill on the premises to be used for fifteen months…
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Bill for specific performance, filed August 7th, 1843, By articles of agreement dated March 19th, 1840, Moses Thorpe agreed to sell, and Hiram Hulmes to buy, a lot of laud described in. the agreement, supposed to contain fort]r-one and a half acres; and if it should not hold out, the quantity was to be taken from another lot of Thorpe’s described in the agreement, in a specified shape and position; Thorpe reserving the sawmill on the premises to be used for fifteen months from the date of the agreement; provided, that on whatever money, property, making of coal and labor that should be paid…
1Opinion of the Court
The Chancellor.
By the first agreement, that of March •19th, 1840, Thorpe was to convey a lot of forty-one and a half ‘acres, as described in, the agreement; and if it fell short was ■to make up the quantity-front another lot described in the agreement ; and was to make the conveyance as soon as Hulmes should pay him $>700, with interest from April 1st, 1840, except that no interest was to be demanded on the amount that ■Ilulmes should pay in money, property, making coal and labor on or before November 1st, 1840. at which time the parties •were to settle, and Thorpe was to deliver a good and…
2Cases cited1 opinion
- Mechanics Bank of Alexandria v. LynnSupreme Court of the United States · 1828
3Cited by5 opinions
- Miller v. HeadleyNew Jersey Court of Chancery · 1932
- Hollander v. AbramsNew Jersey Court of Chancery · 1926
- Franklin v. WeltNew Jersey Court of Chancery · 1926
- Schlecter v. HollanderNew Jersey Superior Court Appellate Division · 1951
- Bondarchuk v. BarberNew Jersey Court of Chancery · 1944