Shinn v. Roberts
Supreme Court of New Jersey
Oír Rule to show cause why the verdict, which had been rendered for the plaintiffs, should not be set aside. This was an action of assumpsit on a special agreement, for the sale of certain real estate, situate in the county of Burlington. The contract of sale was made by the defendant with the plaintiffs, who had sold, as commissioners, by virtue of an order of the Orphans’ Court of the county of Burlington.
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Oír Rule to show cause why the verdict, which had been rendered for the plaintiffs, should not be set aside. This was an action of assumpsit on a special agreement, for the sale of certain real estate, situate in the county of Burlington. The contract of sale was made by the defendant with the plaintiffs, who had sold, as commissioners, by virtue of an order of the Orphans’ Court of the county of Burlington. The defendant, at the commissioner’s sale on the 2d of January, 1841, bid off a part of the real estate sold; to wit, a farm, situate in Northampton township in said county, alleged to…
1Opinion of the Court
The opinion of the Court, Nevius, J. dissenting, was delivered by
Carpenter, J.
This is an action of assumpsit. The plaintiffs are commissioners, authorized by' a decree of the Orphans’ Court of the county of Burlington to make sale of the real estate of one Joseph C. Haines, who died seized thereof and intestate. The declaration is special, to recover the specific difference between a first and a second sale; the defendant, a purchaser at the first sale having refused to comply with the conditions of such sale; and the premises on a second sale bringing a much less sum.
Though not made a point…
2Cases cited1 opinion
- Green v. ReynoldsNew York Supreme Court · 1807
3Cited by4 opinions
- Hodes v. DunskyNew Jersey Superior Court Appellate Division · 1949
- Kahle v. Amtorg Trading Corp.District Court, D. New Jersey · 1950
- Miceli v. DierbergMissouri Court of Appeals · 1989
- Livingston v. Green Properties, Inc.Court of Appeals of Maryland · 1960