King v. Ruckman
New Jersey Court of Chancery
The suit of King is for the specific performance of a contract made by Ruckman with him for the conveyance of lands. The bill was filed July 1st, 1868. The suit of Ruck-man is to have that agreement rescinded, canceled, and declared void, on the ground of non-performance by King.. His bill was filed July 8th, 1868, and is not a cross-bill. Euckman, at the time of commencing that suit, did not know of the other.
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The suit of King is for the specific performance of a contract made by Ruckman with him for the conveyance of lands. The bill was filed July 1st, 1868. The suit of Ruck-man is to have that agreement rescinded, canceled, and declared void, on the ground of non-performance by King.. His bill was filed July 8th, 1868, and is not a cross-bill. Euckman, at the time of commencing that suit, did not know of the other. By agreement, both causes were heard at the same time, the evidence taken in each being admitted to be •evidence in the other. The facts of the case sufficiently appear in the opinion…
1Opinion of the Court
The Chancellor.
The determination of both causes depends upon the same questions of law and fact. If King is not entitled to a specific performance of the contract, Ruckman is entitled to *347have it rescinded and declared void. Counsel, therefore, with great propriety, agreed to have them argued and determined together, upon the same evidence, as if one suit.
By a written contract, under seal, executed by both, made on the 12th day of May, 1868, Ruckman agreed to sell to King a number of tracts of land, in the county of Bergen, and in Rockland county, in the state of New York, describing them as…
2Cases cited4 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Wells v. SmithNew York Court of Chancery · 1837
- Holt v. RogersSupreme Court of the United States · 1834
- McKay v. CarringtonU.S. Circuit Court for the District of Ohio · 1829
3Cited by6 opinions
- Wimer v. WagnerSupreme Court of Missouri · 1929
- Mintle v. SylvesterSupreme Court of Iowa · 1926
- Wachung, C., Co. v. Llewellyn, C., Corp.New Jersey Court of Chancery · 1924
- Barry v. RuskinNew Jersey Court of Chancery · 1926
- Merchants, C., Nat. Bk. v. Newark, C., Co.New Jersey Court of Chancery · 1925
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