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Dicataldo v. Harold Corp.

Decided: October 1, 1951.

NICHOLAS DICATALDO, ET AL., PLAINTIFFS,
v.
HAROLD CORPORATION, A CORPORATION, MIDRO CORPORATION, A CORPORATION, DAVID CRONHEIM MORTGAGE COMPANY, A CORPORATION, DEFENDANTS



Stein, J.s.c.

Stein

Defendants, Harold Corporation and Midro Corporation, move to dismiss the complaint, vacate the restraints granted ex parte , and for an order directing the Register of Essex County to discharge lis pendens filed by the plaintiffs.

The complaint contains ten counts. Each count sets forth a prayer for specific performance of an alleged agreement to sell to each plaintiff a certain lot and to construct thereon a

dwelling in a development in West Orange. All of the plaintiffs rely upon an alleged contract referred to in the complaint as "Exhibit A" which reads as follows:

"TRIPLICATE

No. 148

MI-3-0938

Date April 8, 1950

I, NICHOLAS DiCATALDO, 'The Purchaser,' residing at 222 Camden St., Newark, N.J. hereby agree to purchase from HAROLD CORPORATION, 'The Seller,' the premises, Lot No. 54 in Block No. front design type A located on Nestro Road off Pleasant Valley Way, Map of Pleasant Hills Estates, West Orange, N.J., said premises to consist of a one-family dwelling, slab construction, radiant heat, 38' x 26' on a lot 55' x 100' -- or -- in accordance with plans and specifications of the seller to be filed with and approval of F.H.A. and/or V.A. and the Town of West Orange, for the price of $9990.00 payable as follows, a deposit of: Plus $250 extra for corner lot.

Paid chk $20.00 herewith, the receipt whereof is acknowledged

480.00 $480.00 on April 15, 1950, the further sum of

4/14 $1040.00 on May 15, 1950, and the balance of

$8700.00 on the day of closing title by cash, or F. H. A.

and/or V.A. combination loans to be secured by the purchaser.

The purchaser warrants that if he does not pay all cash for the purchase of the above property he can and will qualify for F.H.A. and/or V.A. combination loans and that his weekly earnings of (earnings must be filled in by purchaser) $4100.00, plus his record in all respects is and will be sufficient and clear for him to qualify for F.H.A. and/or V.A. combination loans.

The seller agrees that the premises will be delivered free and clear of any liens or assessments as of the time of closing, and the risk of loss by fire to the premises will be assumed by the seller until the time set for closing; the seller represents that the building will be within the lot lines, and the premises are in accordance with restrictions of record, if any.

The purchaser may exercise the privilege of selecting his or her choice of colors as offered by the seller in bathroom fixtures, wall and floor tile in bathroom, wall to wall carpet in living-dining room and choice of 75c grade wallpapers or one color of pastel wall paint.

Advance taxes, insurance, interest on mortgage if any, title fees, F.H.A. fees and closing costs of approximately $335.00 will be paid by the purchaser. The deed to be delivered by the seller shall be a warranty deed. Closing of title shall be at the office of the attorney for the seller, and shall take place within thirty (30) days after notification by the seller that final F.H.A. building construction approval has been obtained.

This contract is entered into upon the knowledge of the purchaser as to the value of the land and the building to be erected thereon. This contract is the full and complete agreement between the purchaser and seller ...


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