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PANCO v. ROGERS

19 N.J. Super. 12 (1952)

87 A.2d 770

JOHN PANCO AND MARY PANCO, HIS WIFE, PLAINTIFFS, v. JAMES GEORGE ROGERS, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided March 20, 1952.

Attorney(s) appearing for the Case

Mr. William C. Gotshalk, attorney for the plaintiffs.

Mr. Joseph Pierce Lodge, attorney for the defendant.

HANEMAN, J.S.C.

The plaintiffs herein seek the rescission of a written agreement to sell real estate, upon the ground of mutual mistake. The defendant seeks specific performance of said agreement, by way of counterclaim. The alleged mistake lies in the consideration to be paid for the conveyance of the realty, plaintiffs alleging that it should have been $12,500 and defendant alleging it should have been $5,500, as expressed...

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