FROEHLICH v. WALDEN


66 N.J. Super. 390 (1961)

169 A.2d 204

CARL FROEHLICH AND HILDEGARD FROEHLICH, PLAINTIFFS-PETITIONERS, v. JAMES P. WALDEN, DEFENDANT-COUNTERCLAIMANT, AND ADOLF FROEHLICH ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 16, 1961.


Attorney(s) appearing for the Case

Mr. Arthur Knaster appeared for the plaintiffs (Mr. George Kauper, attorney).

Mr. Adrian M. Unger appeared for the defendant-counter-claimant James P. Walden (Messrs. Milton M. and Adrian M. Unger, attorneys).

Mr. Walter T. Wittman appeared for the defendants, Adolf Froehlich et al.


COLLESTER, J.S.C.

Plaintiffs bring this proceeding to compel the defendant, James P. Walden, the highest bidder at a sheriff's sale in a partition suit, to complete the purchase of property bid in at the sale by payment of the balance of $40,000 plus interest and charges due. The defendant counterclaims to set aside the sale, and for a return of his deposit of $5,000, or in the alternative for an abatement of part of the purchase price.

It is undisputed that...

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