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BARRY M. DECHTMAN, INC. v. SIDPAUL CORP.

89 N.J. 547 (1982)

446 A.2d 518

BARRY M. DECHTMAN, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. SIDPAUL CORPORATION, A NEW JERSEY CORPORATION, D/B/A LAUREL GARDENS, PAUL ZITO AND ROSALIE C. ZITO, DEFENDANTS-RESPONDENTS, AND GANDRIA REALTY, INC., A NEW JERSEY CORPORATION AND LAUREL GARDENS ASSOCIATES, A PARTNERSHIP, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 3, 1982.

Attorney(s) appearing for the Case

David N. Ravin argued the cause for appellants Gandria Realty, Inc., etc., et al. (Ravin & Kesselhaut, attorneys).

Robert J. Cirafesi argued the cause for appellant Barry M. Dechtman, Inc., etc. (Wilentz, Goldman & Spitzer, attorneys).

Alfred C. Clapp argued the cause for respondents (Clapp & Eisenberg and Anschelewitz, Barr, Ansell & Bonello, attorneys; Alfred C. Clapp and John L. Bonello, on the brief).

The opinion of the Court was delivered by SCHREIBER, J.

This case requires us to decide whether the terms of a contract for the sale of real estate are sufficiently certain to be specifically enforced. A major issue involves the effect of a due-on-sale clause in the existing first mortgage on the premises. The trial court granted specific performance to the Purchaser. A divided Appellate Division reversed, 178 N.J.Super. 444

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