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BURLEW v. HEPPS

2 N.J. Super. 336 (1949)

63 A.2d 827

NORVAL BURLEW AND ANNA BURLEW, PLAINTIFFS, v. SARAH HEPPS, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided February 7, 1949.

Attorney(s) appearing for the Case

Mr. James A. Major, for the firm of Major & Carlsen, attorneys for plaintiffs.

Mr. George Losche, attorney for defendant.

GRIMSHAW, J.S.C.

This matter originated as a bill for specific performance. It was heard by former Vice-Chancellor Lewis whose opinion is reported in 138 N.J. Eq. 425. The contract contained a provision making the obligation of the complainant to complete the purchase contingent upon his securing a mortgage. The Vice-Chancellor in his opinion denied specific performance upon the ground that the contract lacked...

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