Cox v. RKA CORP.

The opinion of the Court was delivered by

VERNIERO, J.

Plaintiffs instituted this action to compel specific performance of a building contract involving construction of a new home. Their complaint, as amended, also seeks to void defendant’s mortgage interest in the same parcel or, alternatively, to impress a superior lien on the property for the money that they had advanced toward the purchase price. As contract purchasers of real property, plaintiffs acquired a vendees’ lien on the property. We must determine the extent to which that unrecorded vendees’ lien should be granted priority over…