31 N.J. Eq. 413 | New York Court of Chancery | 1879
The Chancellor.
The suit is brought to rectify a defect in the description of the property in an agreement made March 29th, 1873, by the defendants with Mary Jane Dexter (whose assignee the complainant, Mrs. Lang, is), for the sale and conveyance by the defendants to her, for the price of $700, of a house and lot in the city of Elizabeth, in this state, and to compel specific performance of the contract. By the agreement, $100 of the purchase-money was to be paid on the making of the agreement, and the balance ($600) in equal monthly installments of $10 each, and the seller was to convey the property on receiving payment as therein stipulated. The mistake in the description of the property is admitted. The sole question presented is whether the $600 of purchase-money paid in installments running through a period of five years, bears interest.
The defendants, by their answer and testimony, allege that in the instructions to the scrivener by whom the agreement