Legal Opinion

Westcott v. Konstantynowicz

New Jersey Court of Chancery

Decided February 4, 1947No. Docket 147/382PublishedCited by 2 opinions

1Opinion of the Court

To prevent fraud or oppression and to promote justice, a court of equity will look beyond the apparent authenticity and perceptible efficiency of the written instrument and explore the character of the transaction and the contemporaneous intentions of the parties. The complainants invoke that doctrine in the prosecution of the present cause.

The complainants are a young married couple who at the dawn of the year 1944 were residing as tenants in an apartment at Trenton. They received notice of the termination of their tenancy, and they were consequently obliged to obtain another place of abode.…

2Cases cited18 opinions

  1. Peugh v. DavisSupreme Court of the United States · 1878
  2. Fidelity Union Trust Co. v. FarleyNew Jersey Court of Chancery · 1940
  3. Sweet v. ParkerNew Jersey Court of Chancery · 1871
  4. Papsco v. NovakNew Jersey Court of Chancery · 1923
  5. Titus v. WallickSupreme Court of New Jersey · 1933

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3Cited by2 opinions

  1. Vreeland v. DawsonNew Jersey Superior Court Appellate Division · 1959
  2. Yeck v. RietzkeNew Jersey Superior Court Appellate Division · 1954

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