Iavicoli v. Dimarco

The opinion of the court was delivered by

Schettino, J.

This is an appeal from a final decree dismissing a bill for specific performance filed by a contract purchaser.

The transaction in question involved the sale of real property and a saloon business conducted thereon. Two separate writings were executed simultaneously; one for the sale of the realty and the other for the sale of the saloon business, fixtures and equipment, and the liquor license. By their express terms, both instruments were in fact integrated into a single contract.

The contract provided:

“It is hereby mutually agreed that in…