Sooy v. Henkelman

The opinion of the court was delivered by

Trenchakd, J.

In this action the plaintiffs below, in their complamt, sought to recover $5,000 claimed to have become due January 1st, 1927, as a part of the purchase price of certain real estate in Atlantic county, pursuant to the terms of a written contract, and also to recover six months’ interest amounting to $31,750 on the balance of the purchase price.

The defendant answered, denying that he had entered into any agreement for the purchase of this property, and averred that the writing, which is the subject-matter of this litigation was merely an…