Saracino v. Kosower Construction Co.

The opinion of the court was delivered by

Trenchard, J.

The bill in this suit was filed to compel the specific performance of a contract, made November 9th, 1926, for the sale, by deed of warranty, of a piece of land located in Morris county; the complainants, Saracino and wife, being the intending vendors and the Kosower Construction Company the vendee. The defendant, when the time for performing the contract came, refused to accept the conveyance tendered upon the ground that the title was defective.

The proofs at the trial showed that in 1874 one Jacob Peer was a tenant in common of the…