Katz v. Farber

The opinion of the court was delivered by

Case, J.

Earber and wife, the present litigants, signed a contract for the sale of real property acquired by Earber before his marriage. When the time came for closing Mrs. Earber refused to sign the deed. Katz, the vendee, sued in the Superior Court, Chancery Division, for specific performance. There followed a consent order directing the Earbers to execute and deliver the deed and directing Katz to pay into court the unpaid balance of the contract price. Those directions were obeyed. A further command in the order was that "said sum ($21,797.23) shall…