Myers v. Metzger
New Jersey Court of Chancery
On- bill; answer' and stipulation as to facts. - This bill is filed by Charles Myers to compel specific performance of an agreement, made between the executors and devisees of Emanuel Metzger and one Mrs. Ellen Wright, a .copy of which is annexed to the bill of complaint, and which is in these words and figures: “Martha E. Metzger, to Ellen E. Wright.
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On- bill; answer' and stipulation as to facts. - This bill is filed by Charles Myers to compel specific performance of an agreement, made between the executors and devisees of Emanuel Metzger and one Mrs. Ellen Wright, a .copy of which is annexed to the bill of complaint, and which is in these words and figures: “Martha E. Metzger, to Ellen E. Wright. Agreement; “Whereas Mrs. Ellen Wright has recently purchased from the executors of Emanuel Metzger, deceased, a tract of land fronting 500 feet on the easterly side of New Jersey Ave., Atlantic City, State of New Jersey, for the sum of $14,000.…
1Opinion of the Court
Grey, V. C.
(orally).
In the argument of the cause counsel for the defendants contends that the agreement is of no binding force, because *525there was no consideration for it. On examination it appears that it was made coincidently with the deed for the upland piece, of which the lot in question is the ocean front. The stipulation shows that the agreement was made on the 9th of December, 1884, and that the land in the deed was coincidently copveyed to Mrs. Wright. It is recited in -the agreement tha.t, in consideration of the purchase of the land named in the deed, the executors of Metzger and…
2Cases cited1 opinion
- McCormick v. StephanyNew Jersey Court of Chancery · 1900
3Cited by4 opinions
- Keogh v. PeckIllinois Supreme Court · 1925
- Kipp v. LaunWisconsin Supreme Court · 1911
- Johnson v. WilkersonSupreme Court of Arkansas · 1910
- Thompson v. ThompsonSupreme Court of Virginia · 1938