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Gillette v. Cashion

Decided: October 1, 1952.

ARTHUR C. GILLETTE, PLAINTIFF-APPELLANT,
v.
MARY L. CASHION, DEFENDANT-RESPONDENT



McGeehan, Bigelow and Smalley. The opinion of the court was delivered by Smalley, J.s.c.

Smalley

[21 NJSuper Page 512] This is an appeal by the plaintiff taken from a judgment entered for the defendant in the Chancery Division of the Superior Court, Essex County,

wherein plaintiff sought specific performance and, in the alternative, damages.

On January 16, 1951 the plaintiff, as vendee, and the defendant, as vendor, entered into a "short form" agreement for the sale of the latter's house in Short Hills to the plaintiff for the sum of $19,000. The agreement was dated January 14, 1951 but was signed January 16, 1951. The transaction was brought about by the brokerage firm of Martin & Weis, Inc., who acted for the defendant in the matter. The agreement called for a $500 deposit and a further $1,400 payment upon "execution of formal contract January 18, 1951."

Donald A. Martin of the brokerage firm testified that in the evening of the same day that the "short form" agreement was signed, he received a telephone call from the defendant informing him that she was regretful and distressed about having signed the agreement. Her main concern was in finding new living quarters whenever the house should be sold. On the next day, January 17, 1951, Martin telephoned the plaintiff and told him of the defendant's change of position. Martin told the plaintiff of Mrs. Cashion's heart condition and stated that he didn't want it on his conscience should this transaction affect the defendant's physical condition.

As a result of this conversation Martin received the following letter from the plaintiff.

"ARTHUR C. GILLETTE

Counsellor at Law

3700 Raymond-Commerce Building

Newark 2, New Jersey

Mitchell 3-1123

January 17, 1951

Martin & Weis, ...


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