Moore v. Galupo
New Jersey Court of Chancery
On bill for specific performance of contract. Answer and proofs. This bill is filed by tlie complainant vendor to compel the specific performance by the defendant vendee of an agreement for the purchase of a tract of land lying at the southwest corner of Atlantic and Presbyterian avenues, in Atlantic City.
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On bill for specific performance of contract. Answer and proofs. This bill is filed by tlie complainant vendor to compel the specific performance by the defendant vendee of an agreement for the purchase of a tract of land lying at the southwest corner of Atlantic and Presbyterian avenues, in Atlantic City. The hill is based upon a written contract in the words and figures following: “Articles of xlgreement, made this twenty-ninth day of May, in the year of our Lord nineteen hundred and one, between Samuel W. Moore, and C. May Moore, his wife, Enoch H. Moore, and Harry S. Moore, of Atlantic…
1Opinion of the Court
Grey, V. C.
The argument of this cause presents but two points. The first is whether the placing of the $30,000 mortgage upon the prem*198ises by the complainant, the proposed vendor, after the agreement for sale had been made, but before the time had come for its performance, should deprive the complainant of the right to a decree for specific performance, in view of the fact that the agreement calls for a conveyance of a title free from all encumbrance, except as stated in the agreement.
The practice in cases seeking specific performance seems to have established the rule that it is sufficient if…
2Cited by19 opinions
- Trust Co. v. NealSupreme Court of Georgia · 1926
- Gould v. GunnSupreme Court of Iowa · 1913
- Heim & Hillbrook Acres, Inc. v. ShoreNew Jersey Superior Court Appellate Division · 1959
- Kobrin v. DrazinNew Jersey Court of Chancery · 1925
- Saye v. Adams Loan & Investment Co.Supreme Court of Georgia · 1931
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