[42 NJSuper Page 189] The plaintiff herein seeks the specific performance of an alleged sale of realty in the defendant municipality, by said defendant municipality.
The facts in connection herewith are as follows: On or about April 16, 1951 the defendant held a public sale of lands known as Lots 12, 13 and 14 in Block 115 located in defendant municipality, under N.J.S.A. 40:60-26(a).
The advertisement of said sale, as far as here pertinent, reads as follows:
"Take notice that the City Treasurer of the City of Gloucester in the County of Camden and State of New Jersey, will expose at Public Sale on Monday, April 16, 1951, at 10:00 A.M. (E.S.T.) at the office of the City Treasurer, City Hall, 313 Monmouth Street, Gloucester City, N.J., County of Camden, the following described tract of land: * * *
The above tract of land shall be sold at public sale to the highest bidder provided that the minimum bid at said sale shall be as follows: For Tract No. 1, the sum of One Dollar. * * *
Be it further resolved that the purchaser of Tract No. 1 shall agree to erect a Fire Hall upon said land.
Be it further resolved that the City Treasurer shall be the auctioneer to make sale of the aforesaid land for the price and terms herein set forth.
Be it further resolved that upon the said property being sold at public sale as aforesaid, the Mayor and City Clerk be, and they are hereby authorized to execute and deliver a special warranty deed to the purchaser of said property."
On the date of sale the plaintiff made the highest bid, in the sum of $10. The lands were thereupon struck off to him by the city treasurer. He delivered to said municipal treasurer the sum so bid and received a receipt therefor, which reads as follows:
"City of Gloucester City, N.J.