Eckhouse v. Berwyn Estates

After affirmance of the final decree in this cause by the court of errors and appeals (106 N.J. Eq. 276) a petition was filed on behalf of the defendant praying that this court reopen and set aside its final decree on the ground that specific performance by the defendant in accordance with that decree would impose an unreasonable hardship upon the defendant for two reasons: first, that it was impossible because of building restrictions for the defendant to erect an apartment house on the lands the subject of the contract as contemplated by the agreement of sale; and second, that the title to…