109 N.J. Eq. 480 | N.J. Ct. of Ch. | 1932
Complainants entered into a written contract to convey their right, title and interest in lands to "Alfred A. Franck, trustee," for $2,500 consideration and received $500 on account of the purchase price and Franck, specifically as trustee, bound himself to pay the balance on delivery of the deed. The contract contains no specific words of intention of the parties to bind Franck individually and in signing it he added the word "trustee" to his signature. In due time complainants tendered their deed in accordance with the terms of the contract, except that Franck, as an individual, was named therein as grantee. He refused to accept the deed and pay, on the ground that he had entered into the contract as the representative of another, who had failed to furnish him with the balance of the purchase price. The complainants bring this suit against him as an individual, praying that he be directed to specifically perform the contract. *481
In negotiating for this contract Franck dealt through his attorney with complainants' attorney; the parties to the contract never met. Franck signed the contract at the office of complainants' attorney and he testified that when signing, he stated to Mr. Friedman who witnessed his signature and who then represented the complainants, that he was purchasing the property for Desel Realty Company and not for himself, which testimony Mr. Friedman denied. Franck also testifield that he entered into the contract for, and upon authority given him by, the Desel Realty Company; that his principal subsequently had declined to give him the balance of the purchase price to complete the contract and such testimony was not denied. In view of the fact that in the contract and in its execution Franck is named as trustee, I think such testimony was admissible to show that no personal liability on Franck's part was intended. Kean v. Davis,
This is a contract for the sale of land and its enforcement is governed by section 5 of the statute of frauds, which provides that to charge any person upon such a contract, it must be signed by the one sought to be charged. It is now sought to charge Franck as an individual but he did not so contract, nor did he sign in such capacity. Further, it has been settled by the court of errors and appeals in several well known cases, that a contract for the purchase and sale of land which does not contain the names of both vendor and vendee, is unenforceable. This contract does not contain the name of the true vendee and the complainants must be *482
charged with knowledge of that fact. It was held by this court and affirmed by the court of errors and appeals in Follender v.Schwartz,
The case of Jacobson v. Lambert,
Courts of equity will not interfere to decree specific performance except in cases where it would be strictly equitable to make such a decree. Blake v. Flatley,