Wuesthoff v. Seymour & Wheelock

The Chancellor.

The hearing being upon bill and answer only, without-replication or proofs, the facts must be taken as stated in *67the answer. The bill is to compel specific performance by the defendants of a contract to purchase lands in Newark. The answer admits the contract, and claims that the defendants are not bound to perform it, because the complainant has no title to part of the alley, parcel of the premises to be conveyed, and because the complainant, at the sale, misrepresented the premises in a material matter, which is, that he said the alley was only subject to the right of way of…