Steinbach v. Pettingill
Supreme Court of New Jersey
On error to the Monmonth Pleas. The action was begun in the Court of Common Pleas to recover the sum of $300, and interest from August 24th, 1896, for money paid George D. Pettingill, in his lifetime, upon the purchase-price of real estate at Asbury Park, New Jersey, under an agreement entered into August 24th, 1896, of which the following is a copy: “Asbury Park, Aug. 24, 1896. “Received from Henry Steinbach three hundred dollars, account of purchase of house and lot,…
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On error to the Monmonth Pleas. The action was begun in the Court of Common Pleas to recover the sum of $300, and interest from August 24th, 1896, for money paid George D. Pettingill, in his lifetime, upon the purchase-price of real estate at Asbury Park, New Jersey, under an agreement entered into August 24th, 1896, of which the following is a copy: “Asbury Park, Aug. 24, 1896. “Received from Henry Steinbach three hundred dollars, account of purchase of house and lot, corner of Grand, Cookman and Summerfield avenues. Whole purchase-price fourteen thousand dollars. Deed to be made at any time…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The state of the testimony is correctly summarized in the statement of the trial court delivered upon the direction of the nonsuit. The conclusion reached by him is confirmed by this court. No other result seems possible. There was neither fraud nor misrepresentation to aid the plaintiff’s case; if mutual mistake existed, it was not proved, and if proved, it was not remediable in this action. Upon the other hand, the written contract obtained by plaintiff directly from the defendant’s testator is at once insusceptible of any alteration in…
2Cited by10 opinions
- Kutzin v. PirnieSupreme Court of New Jersey · 1991
- King v. MillikenMassachusetts Supreme Judicial Court · 1924
- Helm v. RoneSupreme Court of Oklahoma · 1914
- Great United Realty Co. v. LewisCourt of Appeals of Maryland · 2001
- Spellman v. Dundalk Co.Court of Appeals of Maryland · 1933
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