New Jersey Equity Reports Volume 57

New Jersey Equity Reports Volume 57

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...has seemed to me to be difficult to reconcile the latter holding in this state with the case of Ware v. Dippincott, 18 Stew. Eq. 220. In that case Ware bought a lot of land from Evans for $158, and paying $100 of the purchase-money entered into possession and cut ofi' and sold all the timber on the land. When the $100 was paid Evans gave Ware a receipt in writing, which embodied the contract as follows: " The deed to be hereafter made to him and when delivered he is to give his note for fifty-eight dollars, additional." After several years, during which there was neither tender nor demand of either deed or note, Ware sent his note for $58 to the heirs of Evans and demanded a deed, but they refused to accept the note and give the deed, and commenced a suit in ejectment to recover possession of the land, and thereupon Ware commenced a suit in equity for the specific performance of his contract with Evans, in which the prosecution of the ejectment suit was restrained by injunction. Upon the hearing of the case question arose whether Ware should pay interest upon the-$58 during his occupancy of the land, and it was held in the court of chancery that he should. Upon appeal, however, the court of errors and appeals reached the opposite conclusion, but without any discussion of the equitable rule invoked in the present case. Its disposition of the case was this: "Had the defendants a right to demand from Ware, before they would deliver to him his deed, anything more than his note for $58 '.7 They certainly could not require of him more than Evans could have done if alive. Evans, at any period prior to his death, would have been compelled to make a deed upon Ware's tender to him of his note for $58. Evans more

Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • United States
  • English
  • black & white illustrations
  • 1236846850
  • 9781236846853