MIHRANIAN, INC. v. PADULA


70 N.J. 252 (1976)

359 A.2d 473

MIHRANIAN, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SAMUEL PADULA AND BOND AND MORTGAGE COMPANY OF NEW JERSEY, A CORPORATION OF THE STATE OF NEW JERSEY, AND VILLA MADRID, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-THIRD PARTY PLAINTIFFS-RESPONDENTS, v. JERSEY COAST SEARCH AND ABSTRACT COMPANY AND COMMONWEALTH LAND TITLE INSURANCE COMPANY, THIRD PARTY DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Argued May 11, 1976.

Decided June 9, 1976.


Attorney(s) appearing for the Case

Mr. Garry J. Roettger argued the cause for appellants (Messrs. Hiering, Grasso, Gelzer and Kelaker, attorneys).

Mr. Mark F. Saker argued the cause for respondent Mihranian, Inc. (Messrs. Cerrato, O'Connor, Mehr and Saker, attorneys).

Mr. Gerald M. Eisenstat argued the cause for respondent Bond and Mortgage Co. of New Jersey (Messrs. Shapiro, Eisenstat, Capizola, O'Neill, Lisitski and Gabage, attorneys).

Mr. Gregory V. Sharkey argued the cause for respondent Villa Madrid, Inc. (Messrs. Sharkey and Sacks, attorneys).


PER CURIAM.

We affirm substantially for the reasons expressed by the Appellate Division, 134 N.J.Super. 557 (1975). The plaintiff, Mihranian, Inc., (Mihranian) had an equitable interest in Padula's equitable ownership when he (Padula) contracted with Bond and Mortgage Company of New Jersey (Bond and Mortgage) to purchase the land. When Mihranian rescinded its agreement with Padula, then Mihranian's vendee's lien attached to...

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