Legal Opinion

Roberts v. James

Supreme Court of New Jersey

Decided November 18, 1912PublishedCited by 26 opinions

Oil error to the Gloucester Circuit Court. Action by vendor against purchaser to recover purchase price of lots. The written agreement of sale requires the payment of the purchase price in monthly installments, and provides that upon default in payment, the vendor may treat the whole purchase-money remaining unpaid as immediately due and payable.

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Oil error to the Gloucester Circuit Court. Action by vendor against purchaser to recover purchase price of lots. The written agreement of sale requires the payment of the purchase price in monthly installments, and provides that upon default in payment, the vendor may treat the whole purchase-money remaining unpaid as immediately due and payable. The deed is to be delivered upon the payment of the whole purchase-money, and the purchaser, it is provided, shall have no right of possession until the deed Is delivered. ISTo installment of purchase-money has been paid; the defendant (the…

1Opinion of the Court

The opinion of the court was-delivered by

Swayze, J.

It is settled-that where a party seeks to be relieved from a contract upon tire ground that it was induced by fraud, he must, except so far as he has some legal excuse for failure, restore Ms adversary to the position he was in at the time of the contract, and that there can be no rescission as long as he retains anything received under the contract, wliich he might have returned, and the withholding of which might be injurious to the other party. This statement of the rule is taken from the opinion of the Supreme Court in Byard v. Holmes, 4…

2Cases cited4 opinions

  1. Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
  2. Adams v. . GilligNew York Court of Appeals · 1910
  3. Clampitt v. DoyleSupreme Court of New Jersey · 1908
  4. Reitman v. FiorilloSupreme Court of New Jersey · 1909

3Cited by26 opinions

  1. Ocean Cape Hotel Corp. v. Masefield Corp.New Jersey Superior Court Appellate Division · 1960
  2. King v. WiseTexas Commission of Appeals · 1926
  3. Pocatello Security Trust Co. v. HenryIdaho Supreme Court · 1922
  4. STRAWN EX REL. STRAWN v. CanusoNew Jersey Superior Court Appellate Division · 1994
  5. Landriani v. Lake Mohawk Country ClubNew Jersey Superior Court Appellate Division · 1953

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