IORIO v. ROTHENBACH


38 N.J. Super. 451 (1955)

119 A.2d 784

FRANK L. IORIO AND MARY A. IORIO, HIS WIFE, PLAINTIFFS, v. HENRY ROTHENBACH, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided December 21, 1955.


Attorney(s) appearing for the Case

Mr. John J. Deeney, attorney for plaintiffs.

Mr. Felix M. Angelillis, attorney for defendant.


GRIMSHAW, J.S.C.

Plaintiffs sue for the cancellation of a contract for the sale of real property. Charging that defendant's title is unmarketable, plaintiffs seek the return of their deposit and damages of $221.26 representing the cost of an examination of the title to the premises. Defendant, asserting his willingness to convey the property in accordance with terms of the contract insists that the title is marketable.

The undisputed facts are as follows:...

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