Schoenberg v. O'Connor

185 A. 382, 116 N.J.L. 398, 1936 N.J. LEXIS 267

• Court: Supreme Court of New Jersey
• Decided: May 14, 1936
• Status: Published

Opinion

Per Curiam.

We concur in the view of. Judge Ackerson that plaintiff was entitled to rescind the contract of sale, because of the “unmarketability of title.” Under the circumstances, he properly invoked the principle declared in Eisler v. Halperin, 89 N. J. L. 278, that, if acceptance of the proffered title would lay the vendee “open to a fair probability of vexatious litigation with the possibility of serious loss,” the title is unmarketable, and the vendee is justified in refusing to accept it.

Let the judgment be affirmed.

For affirmance — The Chancellor, Chief Justice, Lloyd, Case, Bodine, Donges, Heher, Perskie, Hetfield, Dear, Wells, WolfsKeil, Rafferty, JJ. 13.

For reversal — None.