Smith v. Colonial Woodworking Co., Inc.

The facts in the case are told in the opinion of this court (108 N.J. Eq. 303) and the court of errors and appeals (110 N.J. Eq. 418).

Now on the coming down of the remittitur the defendant petitions for a rehearing because the court of errors and appeals held we were in error in holding the contract to be one of exchange of properties instead of, as it held, an agreement of sale; and the upper court having held that the alleged equitable assumption by Joachimsthal of the mortgages was unenforceable because it finds no expression in the conveyance to him of the mortgaged premises either in…