COX v. RKA CORP.


753 A.2d 1112 (2000)

164 N.J. 487

Harry W. COX and Betty Elizabeth Ann Cox, his wife, Plaintiffs-Respondents, v. RKA CORPORATION and Richard Niel, jointly, severally, and in the alternative, Defendants, Roebling Savings and Loan Association, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 30, 2000.


Attorney(s) appearing for the Case

Joseph F. Polino, Moorestown, for defendant-appellant (Mr. Polino and Ernest A. Ferri, Burlington, attorneys).

F. Michael Daily, Jr., Merchantville, for plaintiffs-respondents (Quinlan, Dunne & Daily, attorneys; Mr. Daily and Patricia M. Nigro, on the briefs).

Joseph M. Clayton, Jr., Princeton, submitted a letter brief on behalf of amicus curiae, New Jersey Land Title Association.


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

Plaintiffs instituted this action to compel specific performance of a building contract involving construction of a new home. Their complaint, as amended, also seeks to void defendant's mortgage interest in the same parcel or, alternatively, to impress a superior lien on the property for the money that they had advanced toward the purchase price. As contract purchasers of real property, plaintiffs acquired a vendees...

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