CEDAR KNOLL REALTY CO. v. DAMEREL


13 N.J. Super. 572 (1951)

81 A.2d 38

CEDAR KNOLL REALTY COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. GEORGE J. DAMEREL AND FRANCES J. DAMEREL, HIS WIFE, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 17, 1951.


Attorney(s) appearing for the Case

Messrs. Wallisch & Wallisch, attorneys for plaintiff.

Mr. Ralph H. Jacobson, attorney for defendant George J. Damerel.

Mr. Hubert J. Franklin, attorney for defendant Frances J. Damerel.


GRIMSHAW, J.S.C.

The complaint in this matter was for the foreclosure of a second mortgage given to secure a part of the purchase price of the house which defendants bought from the plaintiff. By way of counterclaim the defendants sought a rescission of the sale and cancellation of the bond and mortgage.

As limited by the pretrial order, the issues were as follows:

"a. Whether or not the defendant is entitled to a rescission of the contract and the...

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