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Burlew v. Hepps

Decided: December 7, 1949.

NORVAL BURLEW AND ANNA BURLEW, PLAINTIFFS-RESPONDENTS,
v.
SARAH HEPPS, DEFENDANT-APPELLANT



McGeehan, Colie and Eastwood. The opinion of the court was delivered by McGeehan, S.j.a.d.

Mcgeehan

The defendant appeals from a judgment entered in the Superior Court, Chancery Division, requiring the defendant to specifically perform an agreement for the sale of real property.

The plaintiffs and the defendant entered into an agreement entitled "Agreement to Purchase & Sell" which described the premises, fixed the price at $6,000, and recited that $300 was paid "As deposit on account of purchase," $300 was to be

paid "on signing of Contract" and the balance of $5,400 was to be paid "on closing of Title." It provided that a warranty deed was to be delivered on or before June 30, 1945, subject to restrictions of record; that all taxes, rents and insurance premiums were to be adjusted as of closing of title; and that the premises were to be delivered free and clear of all encumbrances. Then followed:

"Agree to purchase the above mentioned property at the above terms and price.

NORVAL BURLEW (signed)

Witness

ANNA BURLEW, his wife (signed)

Agree to accept the above mentioned price and terms for the sale of my property and agree to pay Carlsen Co. Inc. a commission of 5% of the selling price on delivery of Title.

SARAH HEPPS (signed)

Witness I. L. LOGAN (signed)

This deposit of $300.00 is made subject to the purchaser procuring a first mortgage of $4000.00; contract to be executed and mutually exchanged ...


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