Legal Opinion

Kelly v. Chinich

Supreme Court of New Jersey

Decided March 24, 1919PublishedCited by 6 opinions

On appeal from a decree advised by Yiee-Chancellor Foster, reported in 9.0 N. J. Eq. 602, whose opinion is as follows: “The bill in this cause is filed to compel the specific performance of a contract for the purchase of real estate in the village of South Orange. It is entirely a fact case, and the question to be determined is whether the parties ever entered into the contract in question.

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On appeal from a decree advised by Yiee-Chancellor Foster, reported in 9.0 N. J. Eq. 602, whose opinion is as follows: “The bill in this cause is filed to compel the specific performance of a contract for the purchase of real estate in the village of South Orange. It is entirely a fact case, and the question to be determined is whether the parties ever entered into the contract in question. “It appears that some time prior to October 23d, 1917, complainants, through Stern & Cohn, real estate agents, had offered to sell the premises in question to defendants, and' that defendants visited the…

1Opinion of the Court

*102The opinion of the court was delivered by

Parker, J.

The decree in this cause was heretofore ordered affirmed as on a default of appellants, on the authority of Hazard v. Phœnix Woodworking Co., 78 N. J. Eq. 568, for the reason that the cause having been marked to be submitted on briefs, the brief sent in for appellants was not signed by counsel. See 90 N. J. Eq. 602. Thereupon appellants employed counsel, who appeared and prayed a rehearing of the appeal on the principal ground that the failure to present a brief signed by counsel was due to ignorance of the rule enunciated in the Hazard Case…

2Cited by6 opinions

  1. Janson v. Cozen and O'ConnorSuperior Court of Pennsylvania · 1996
  2. Mantel v. LandauNew Jersey Court of Chancery · 1943
  3. Zaremba v. KonopkaNew Jersey Superior Court Appellate Division · 1967
  4. Arrow Mill Development Corp. v. ShopRite of Clinton (In Re Arrow Mill Development Corp.)United States Bankruptcy Court, D. New Jersey · 1995
  5. Levin v. NedelmanNew Jersey Court of Chancery · 1947

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