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LEVITIN v. MUSICANT

15 N.J. Super. 256 (1951)

83 A.2d 350

GEORGE LEVITIN, PLAINTIFF-APPELLANT, v. DAVID MUSICANT AND OTHERS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 19, 1951.

Attorney(s) appearing for the Case

Mr. Abraham P. Bab argued the cause for the appellant.

Mr. James A. Major argued the cause for the respondents, Bross and wife (Mr. George I. Marcus, attorney).

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by BIGELOW, J.A.D.

The plaintiff appeals from the judgment of the Chancery Division in favor of the defendants. The action was brought by Levitin, as purchaser, for the specific performance of an oral contract for the conveyance of land or, in the alternative, for damages for breach of the contract. The land was owned by two of the defendants, Mr. and Mrs. Musicant, as tenants by the entirety, but the agreement to sell was made...

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