Wirtz v. Guthrie
New Jersey Court of Chancery
On demurrer to amended "bill. Tire question now to be decided is the validity of the demurrer to an amended bill, "bnt by reason of the possible relevancy of the proceedings on the original bill, the whole ease will be stated. The original bill was filed by the vendor against the purchasers for the specific performance of a written agreement dated May 15th, 1911, for the purchase and sale of lands on Halsey street in the city of Newark.
Read the full summary
On demurrer to amended "bill. Tire question now to be decided is the validity of the demurrer to an amended bill, "bnt by reason of the possible relevancy of the proceedings on the original bill, the whole ease will be stated. The original bill was filed by the vendor against the purchasers for the specific performance of a written agreement dated May 15th, 1911, for the purchase and sale of lands on Halsey street in the city of Newark. The lands mentioned in the agreement consist of two lots, the description of which by metes and bounds was given in the agreement, a copy of which was set out…
1Opinion of the Court
Eitehy, 7. C.
(after statement).
The amended bill having set tip new facts and prayed a relief not within the scope of the original bill, a demurrer may. be filed thereto, notwithstanding defendant’s answer to the original bill. 1 Dan. Gh. Pr. (6th ed.) *409. ’'The statute of frauds (Gen. Stat. p. 4603 ¶ 5; Comp. Stat. p. 2612) provides that
“no -action shall be brought upon any contract or sale of lands unless the agreement upon which the action is brought or some memorandum or note thereof shall be in writing,”
and inasmuch as the lack of such writing appears on the face of the bill, the defence-…
2Cases cited4 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Safe Deposit & Trust Co. v. Diamond Coal & Coke Co.Supreme Court of Pennsylvania · 1912
- Keisselbrack v. LivingstonNew York Court of Chancery · 1819
- MacOmber v. PeckhamSupreme Court of Rhode Island · 1889
3Cited by9 opinions
- Fidelity Union Trust Co. v. ReevesNew Jersey Court of Chancery · 1924
- DeMarco v. EstlowNew Jersey Superior Court Appellate Division · 1952
- Bryant Electric Co. v. SteinSupreme Court of Connecticut · 1920
- Nass v. MunzingNew Jersey Court of Chancery · 1927
- Halpern v. ShurkinNew Jersey Court of Chancery · 1925
4 more not listed; retrieve them via the Exa API.