Kelley v. North Morris Realty Co.

This matter was submitted to me upon the pleadings, agreed state of facts and briefs. The complainants seek specific performance of a contract to convey real estate entered into between the complainants and the defendant on January 19th, 1948.

Complainants agreed to deliver title of a tract of land in Dover, Morris County, by warranty deed free of all encumbrances. The defendant has refused to take title, which the complainants stand ready to deliver upon the payment of the purchase price, claiming that the title is unmarketable.

The complainants' title is derived as follows: The complainant…