Donnelly v. Capodici

OPINION

HUMPHREYS, A.J.S.C.

This is a partition action.1 Defendants have agreed to buy plaintiffs’ interest. Plaintiffs have improved the real property, and the improvement has enhanced the value of the property. The issue, novel in New Jersey, is whether the seller is entitled to a credit for that enhanced value. The court finds that a credit should be allowed; otherwise, the buyer would be unjustly enriched.

I

In an earlier decision in this action the court fixed the value of the property and referred certain issues to a Master. Hearings were conducted by the Master. Thereafter he found that…