Real Estate-Land Title & Trust Co. v. Stout

The opinion of the court was delivered by

Perskie, J.

The determinative question involved on this appeal is whether the collateral bond signed by the appellants was delivered conditionally to respondent, as a result of which it made the bond unenforceable as to them.

It appears that appellants, together with four others, Messrs. Sale, Breihofer, Branz and Hetzell, were the owners, the real parties in interest (although title thereto was in the name of Sale), of a certain property on the south side of Virginia avenue, Atlantic City, New Jersey. It was purchased for the purpose of erecting a…