Kirkpatrick v. Peshine
New Jersey Court of Chancery
Tho bill states that, on or about the 4th of April, 1872, the complainant, being desirous of procuring an eligible site for a residence for himself and family, entered into negotiations with Francis Mackin, "William H. McClane, and Anthony Q. Keasbey, for a lot of land then owned by them, situated on the southerly, side of Lagrange street, between Pennsylvania avenue and Broad street, in Newark.
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Tho bill states that, on or about the 4th of April, 1872, the complainant, being desirous of procuring an eligible site for a residence for himself and family, entered into negotiations with Francis Mackin, "William H. McClane, and Anthony Q. Keasbey, for a lot of land then owned by them, situated on the southerly, side of Lagrange street, between Pennsylvania avenue and Broad street, in Newark. That these negotiations resulted in the purchase, by him, from them, of the lot for the price of $16,000. That the vendors also agreed to secure to him, for the benefit of his lot, a certain right or…
1Opinion of the Court
The Chancellor.
The questions presented in this case are, whether the defendants are bound by the covenant between the complainant and his vendors (who are their vendors also); whether the complainant may enforce the performance of the covenant in the deed to Mrs. Peshine; and whether, if those questions are determined in the affirmative, the defendants are disregarding the obligation resting upon them, and violating the rights of the complainant. In other words, it is insisted, on the part of the defendants, that they owe no duty to the complainant, that no privity exists between them and…
2Cases cited5 opinions
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Hills v. MillerNew York Court of Chancery · 1831
- Barrow v. RichardNew York Court of Chancery · 1840
- Gibert v. PetelerNew York Supreme Court · 1862
3Cited by7 opinions
- Gilpin v. Jacob Ellis Realties, Inc.New Jersey Superior Court Appellate Division · 1957
- Aiello Bros. v. Saybrook Holding Corp.New Jersey Court of Chancery · 1930
- Rossi v. SierchioNew Jersey Superior Court Appellate Division · 1954
- Sandusky v. AllsoppNew Jersey Court of Chancery · 1926
- Guilford v. . PorterSupreme Court of North Carolina · 1914
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