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WALKER ROGGE, INC. v. CHELSEA TITLE & GUAR. CO.

116 N.J. 517 (1989)

562 A.2d 208

WALKER ROGGE, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. CHELSEA TITLE & GUARANTY COMPANY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND ARTHUR W. HOOD AND RONALD J. PRICE, DEFENDANTS-CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided August 9, 1989.

Attorney(s) appearing for the Case

Richard A. Grossman argued the cause for appellant and cross-respondent (Grossman & Kruttschnitt, attorneys; Mr. Grossman and Thomas J. Heavey, on the briefs).

Salvatore Perillo argued the cause for respondent and cross-appellant (Perillo & Rosenberger, attorneys).

Edwin A. Paone argued the cause for cross-respondent Ronald J. Price (Mairone, Biel, Zlotnick, Feinberg & Griffith, attorneys).

Clement F. Lisitski submitted a letter in lieu of a brief on behalf of cross-respondent Arthur W. Hood.

Joseph M. Clayton, Jr., submitted a brief on behalf of amicus curiae New Jersey Land Title Association (John R. Weigel, attorney).

The opinion of the Court was delivered by POLLOCK, J.

This case focuses on the respective liabilities of two land surveyors and a title insurance company for a deficiency in acreage when the insured purchaser acquires all the land described in the contract of purchase, but the land so described contains less acreage than the insured contemplated.

The matter proceeded in the Law Division as a non-jury trial. Because of the absence of expert testimony establishing...

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