Freund, Stanton and Francis. Stanton, J.A.D. (temporarily assigned).
[26 NJSuper Page 302] On March 13, 1951 the plaintiffs and the defendants entered into a contract in writing which from its appearance in the defendants' appendix consists of two distinct parts, each of which was signed by the parties hereto. The first part is in the rather ordinary and usual form of a contract for the sale of lands. It provides, among other things, that the sellers will convey to the purchasers "all that certain lot, tract, or parcel of land and premises together with the buildings thereon and the appurtenances * * *." The consideration is stated to be $20,000, payable as follows: $2,000 upon the execution of the contract, $2,000 "when house has finished coat of plaster (white coat)," and $16,000 "upon completion of house, delivery of certificate of occupancy and closing of title (scheduled for May 5, 1951)." The above are the only references therein to a building, and following a number of provisions ordinarily found in contracts for the sale of lands, the signatures
of the parties appear. The second part of the contract which is entitled:
For the completion of new house at 97 Union Avenue, Passaic, New Jersey, dated March 12, 1951"
contains many provisions respecting the various types of work to be done on the building and which are ordinarily found in such specifications. Then there are six numbered paragraphs, among which are the following:
"1. The sellers agree to finish the house now being erected on the above described lands in accordance with the plan of Henry Gerritsen, Architect, and attached hereto, in good and workmanlike manner, except as hereinafter noted.
2. The sellers agree to perform said work in accordance with the specifications attached hereto, except as hereinafter noted."
At the end of the numbered provisions, the signatures of the parties again appear.
The title did not pass on the date set because of delay experienced by the purchasers in completing their financing plans, and a written agreement was entered into which, among other things, extended the time for closing to May 25, 1951, when the parties signed another writing entitled "Addenda" which extended the closing date to June 11, 1951 and, among other things, provided as follows:
"3. The said Sellers do hereby represent that they have procured a Certificate of Occupancy for the building erected by them on the premises herein to be conveyed; and the said purchasers have examined and inspected said building and premises and the same are hereby approved as being in conformity with the plans, specifications and contract, and the purchasers do hereby accept said premises."
The title passed on June 8, 1951 and the plaintiffs went into possession.
At the time the contract was entered into, the house was in a very early stage of construction. The plaintiffs visited the premises and observed the ...