Burlew v. Hepps

This matter originated as a bill for specific performance. It was heard by former Vice-Chancellor Lewis whose opinion is reported in 138 N.J. Eq. 425. The contract contained a provision making the obligation of the complainant to complete the purchase contingent upon his securing a mortgage. The Vice-Chancellor in his opinion denied specific performance upon the ground that the contract lacked mutuality. Before a decree was advised and filed the Vice-Chancellor retired.

Thereafter, in the case of Gottlaub v. Cohen, 139 N.J. Eq. 323, Vice-Chancellor Bigelow had before him a similar situation.…