Faulkner v. Wassmer
Supreme Court of New Jersey
On appeal from a decree of the court of chancery advised by Vice-Chancellor Howell, whose opinion is as follows: “Howell, V. C. (orally). “This bill is filed by Mrs. Faulkner, the wife of Alfred Faulkner, against John Wassmer and Henry M. Eadcliffe for the purpose of rescinding a deed of conveyance of lands on Smith street in the village of Irvington.
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On appeal from a decree of the court of chancery advised by Vice-Chancellor Howell, whose opinion is as follows: “Howell, V. C. (orally). “This bill is filed by Mrs. Faulkner, the wife of Alfred Faulkner, against John Wassmer and Henry M. Eadcliffe for the purpose of rescinding a deed of conveyance of lands on Smith street in the village of Irvington. The deed was dated on the 1st day of July, 1908; was acknowledged on the 9th day of July, 1908, and was recorded on the same day. It conveys to Mrs. Faulkner a lot "of land on Smith street subject to certain restrictions which arc fully set out…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
We agree with the learned vice-chancellor that Mrs. Faulkner purchased the lot in question upon an untrue representation of such a nature that, upon the discovery of its untruth, she was entitled to elect to rescind the sale. We do not, however, agree that such election was still open to her four months later when the present bill of complaint was filed declaring for the first time her election to rescind. At this time, viz., November 28th, 1908, her right to elect, which arose on or about July 10th, 1908, no longer existed, not upon the…
2Cited by25 opinions
- Ajamian v. SchlangerNew Jersey Superior Court Appellate Division · 1952
- Nixon v. Temple Terrace Estates, Inc.Supreme Court of Florida · 1929
- Berger v. Harrison Improvement Co.New Jersey Court of Chancery · 1931
- Demott v. National Bank of New JerseyNew Jersey Court of Chancery · 1935
- Harrington Co. v. KadreyNew Jersey Court of Chancery · 1929
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