Feinberg v. Rowan

The bill is to foreclose a purchase-money mortgage. The defense is part failure of consideration.

Green and Friedlander, builders, sold to the defendant Rowan a lot, 87 Lindsley avenue, West Orange, on which they were erecting a six-room house. The property was conveyed subject to a $9,000 mortgage; Rowan paid $1,000 and gave the $3,000 mortgage in suit. He took possession April 20th, 1929. In the contract of sale the builders agreed that before the day set for the delivery of the deed (April 8th), they "will put said new dwelling in good condition for occupancy by completing it in a good,…