Re v. Magness Construction Co.

Layton, J.:

The authorities are uniform in holding that where a Deed is executed and delivered pursuant to a Contract of Sale of realty, the latter merges with the former and becomes void. This rule is clearly expressed in Dieckman v. Walser, 114 N. J. Eq. 382, 168 A. 582, 583, as follows:

“It is the general rule that the acceptance of a deed for land is to be deemed prima facie full execution of an executory agreement to convey, and thenceforth the agreement becomes void, and the rights of the parties are to be determined by the

deed, not by the agreement. Until consummated, an executory…