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IACONO v. TOLL BROS.

217 N.J. Super. 475 (1987)

526 A.2d 256

VINCENT A. IACONO AND ELIZABETH IACONO, HIS WIFE, AND COLTS NECK REALTY, PLAINTIFFS-RESPONDENTS, v. TOLL BROTHERS, A PENNSYLVANIA CORPORATION, AND HUNTINGDON, INC., A PENNSYLVANIA CORPORATION AND A SUBSIDIARY OF TOLL BROTHERS, AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS, AND GRANT BROGDEN, INDIVIDUALLY AND SCHLOTT REALTORS, INC., DEFENDANTS. TOLL BROTHERS, A PENNSYLVANIA CORPORATION AND HUNTINGDON, INC., A PENNSYLVANIA CORPORATION AND A SUBSIDIARY OF TOLL BROTHERS, THIRD PARTY PLAINTIFFS-APPELLANTS, v. SCHLOTT REALTORS, INC., THIRD PARTY DEFENDANT-RESPONDENT, AND MONMOUTH COUNTY BOARD OF REALTORS, A NEW JERSEY CORPORATION, AND MONMOUTH COUNTY MULTIPLE LISTING SERVICE, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 1987.

Attorney(s) appearing for the Case

Douglas K. Wolfson argued the cause for appellants (Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein; Douglas K. Wolfson and Bruce D. Greenberg on the brief).

James E. Collins argued the cause for respondents Vincent A. Iacono and Elizabeth Iacono (Cerrato, O'Connor, Dawes, Collins, Saker & Brown, attorneys).

Michael R. Scully argued the cause for respondent Schlott Realtors, Inc. (Hogan & Palace, attorneys).

Stewart M. Hutt argued the cause for Amicus Curiae New Jersey Builders Association (Hutt, Berkow & Jankowski, attorneys; Stewart M. Hutt and Ronald L. Shimanowitz on the brief).

No brief was filed on behalf of respondent Colts Neck Realty.

Before Judges FURMAN, SHEBELL and STERN.

PER CURIAM.

Defendant Toll Brothers, a corporation, appeals from judgment granting specific performance of a contract for the sale of real property to plaintiffs and dismissing its third party complaint against Schlott Realtors, in accordance with findings and conclusions by the trial judge following a five-day nonjury trial.

On March 14, 1985 plaintiffs signed an agreement to purchase a lot and a dwelling...

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