Faustin v. Lewis

I agree with most of the majority opinion, and especially with the majority’s rejection of Tyll v. Keller, 94 N.J.Eq. 426 *514(E & A 1923). The rule that unclean hands is a per se bar to an action for annulment should be discarded, leaving discretion with the courts to apply the doctrine only in appropriate cases. I disagree, however, with the way the majority exercises discretion under the facts of this case and with the result it ultimately reaches.

In pursuing its commendable desire to be sympathetic to this plaintiff, the majority has created a precedent that will do mischief when applied to…