Hallinger v. Zimmerman
New Jersey Court of Chancery
On bill, answer and proofs. This bill is filed for the specific performance of an agreement to convey lands. The complainant was in 1897 the owner of a house and lot in Burlington, New Jersey, which was clear of mortgage, and the defendant owned the equity of redemption of a house and lot in Camden, New Jersey.
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On bill, answer and proofs. This bill is filed for the specific performance of an agreement to convey lands. The complainant was in 1897 the owner of a house and lot in Burlington, New Jersey, which was clear of mortgage, and the defendant owned the equity of redemption of a house and lot in Camden, New Jersey. Each of the parties was a professional real estate dealer acquainted with the methods in which adepts in that business induce purchases, each was also fully aware that the other was a man of experience in that line, and neither was likely to be misled by too implicit a relianee upon…
1Opinion of the Court
Grey, V. C.
The making of the agreement for the exchange, the tender of performance by the complainant and the refusal of performance by the defendant, are substantially undisputed.
The question in the case turns upon the defence set up by the defendant as his excuse for non-performance, or, as he claims, his rescission of the contract.
As the parties themselves are in many respects in contradiction of each other, the documentary proofs and the testimony of others may more safely be accepted as to the facts touching the disputed matters.
In his original answer the defendant averred that he…
2Cases cited1 opinion
- Sayre v. LucasSupreme Court of Alabama · 1830