Binns v. Smith

Leaking, V. C.

1. It is clear that the understanding of the parties as to when the purchase-money mortgage referred to in' the contract should be made payable cannot be established by parol proofs. Schwartzman v. Creveling, 85 N. J. Eq. 402.

2. I am convinced that the evidence does not justify an affirmative finding that the contract was acknowledged by Mrs. Smith. Mrs. Smith, probably, understood the transaction fully at the time she signed the agreement and the notary public was no doubt fully satisfied that she understood it. But there is no evidence either by a certificate of acknowledgment…