Moore v. Baker

New Jersey Court of Chancery

Moore v. Baker

49 A. 836, 62 N.J. Eq. 208, 17 Dickinson 208, 1901 N.J. Ch. LEXIS 66

New Jersey Court of Chancery·Decided July 16, 1901·Published·Cited by 2 cases

Opinion

Stevens, Y. C.

The only question raised by the demurrer is whether a vendor may bring a suit for specific performance against vendee to recover purchase-money. This question was answered in the affirmative by Chancellor Green, in Hopper v. Hopper, 1 C. E. Gr. 147. The decision in Miller v. Cameron, 18 Stew. Eq. 96, is to the same effect, and the rule seems thoroughly settled. Brown v. Hoff, 5 Paige 240; Sugd. Vend. & P. *244 ch. 5 § 4; Pom. Eq. Jur. §§ 1402, 1405, 1407; Story Eq. Jur. §§ 723, 790, 796. In Fry Spec. Perf. *10 § 23, the grounds upon which the court proceeds are fully stated.

I think the demurrer should be overruled.-

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Stevens, Y. C.

The only question raised by the demurrer is whether a vendor may bring a suit for specific performance against vendee to recover purchase-money. This question was answered in the affirmative by Chancellor Green, in Hopper v. Hopper, 1 C. E. Gr. 147. The decision in Miller v. Cameron, 18 Stew. Eq. 96, is to the same effect, and the rule seems thoroughly settled. Brown v. Hoff, 5 Paige 240; Sugd. Vend. & P. *244 ch. 5 § 4; Pom. Eq. Jur. §§ 1402, 1405, 1407; Story Eq. Jur. §§ 723, 790, 796. In Fry Spec. Perf. *10 § 23, the grounds upon which the court proceeds are fully stated.

I think the demurrer should be overruled.-

Moore v. Baker, 49 A. 836, 62 N.J. Eq. 208, 17 Dickinson 208, 1901 N.J. Ch. LEXIS 66 (N.J. Ct. App. 1901).

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Opinion

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