93 N.J. Eq. 644 | N.J. | 1922
The opinion of the court was delivered by
In this case an amended bill.of complaint was struck out and dismissed, on notice, by an order advised by Vice-Chancellor Griffin. We think the order of the court of chancery should be affirmed. The bill of complaint is founded upon a contract for the sale of a lot or plot of land, known as No. 34 on a “Map of Model Farm Colony.” The land is located in the township of Piscataway, in the county of Middlesex, New Jersey. The plot of land is seventy-five feet front and four hundred and five feet in depth. The contract is dated November 28th, 1919. In addition to providing for the sale, it also' provides, for the completion of a bungalow then being
From the allegations in the bill, the various prayers for relief, which are somewhat inconsistent, and the argument in the appellants’ brief, it is not quite clear to us what form of relief the complainants really want. We think they are not entitled to have any of them. The bill does not state a case for specific performance; the complainants cannot rescind, because they did not act promptly after discovering the alleged fraud and mistake and offer to turn back the property. The facts set forth in the bill of complaint are not sufficient for a reformation of the contract. It would not be equitable to compel the defendant to return the money received and take the property, after an occupancy of the premises by the complainants for nearly a jea,x, without any payments under the terms of the contract. A general charge of fraud is not sufficient, but the facts constituting the fraud must be set forth. Woglom v. Kant, 69 N. J. Eq. 495. The order of the court of chancery was not error. It should be affirmed. The purchasers, as stated, took posses
The decree of the court of chancery is affirmed.