Tillotson v. Gesner
Supreme Court of New Jersey
On appeal from the following opinion of the chancellor: This is a bill for specific performance. By agreement in writing, made August 31st, 1876, the complainant and the defendant, Daniel Tillotson, sen., agreed to exchange land.
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On appeal from the following opinion of the chancellor: This is a bill for specific performance. By agreement in writing, made August 31st, 1876, the complainant and the defendant, Daniel Tillotson, sen., agreed to exchange land. By it the former agreed to convey to the latter land in Rockland county, New York, described in the agreement as follows: “All the pieces or parcels of land and premises, at Tappan, described in the deed of Isaac H. Bartow and wife, of April 5th, 1871, and now the property of said Gesner,” for the sum of $6,000, subject to a mortgage of $4,000, and the defendant,…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
In examining this case, the first question which presents itself is in reference to the validity of the title of the complainant to the lands at Tappan which she, by this bill, seeks-to force on the defendant against his will. This is the consideration which gives value to the contract; if it fails there is no mutuality in the agreement, and it should not be enforced. This title is based on a conveyance from Isaac H. Bartow and wife to Abraham Van Wart, dated April 5th, 1871. The property described in the deed is that designated in the…
2Cases cited2 opinions
- Goodell v. MonroeSupreme Court of New Jersey · 1917
- Hackensack Brick Co. v. Mayor of BogotaNew Jersey Court of Chancery · 1916
3Cited by10 opinions
- Amer. Container Corp. v. Hanley Trucking Corp.New Jersey Superior Court Appellate Division · 1970
- Breitman v. JaehnalNew Jersey Court of Chancery · 1926
- Keown v. West Jersey Title and Guaranty Co.New Jersey Superior Court Appellate Division · 1978
- Casriel v. KingNew Jersey Court of Chancery · 1948
- Gaub v. Nassau Homes, Inc.New Jersey Superior Court Appellate Division · 1958
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