From Casetext: Smarter Legal Research

Katz v. Katz

Supreme Court of New Jersey
Jun 3, 1946
134 N.J.L. 303 (N.J. 1946)

Opinion

Argued May 7, 1946 —

Decided June 3, 1946.

Where a contract contains no stipulation as to damages for its breach a purchaser who alone repudiates the contract without justifiable cause cannot recover what he has paid under it.

On appeal from the Second Judicial District Court of Middlesex County.

Before Justices PARKER, DONGES and OLIPHANT.

For the plaintiff-appellant, Leo S. Lowenkopf.

For the defendants-appellees, David T. Wilentz ( Arthur J. Sills, of counsel).


Plaintiff sued to recover the balance of a sum paid by him as a deposit on a contract to purchase a business made between him and Meyer Katz, deceased. A total sum of $5,500 had been paid in part payment. Plaintiff refused to complete performance and after such refusal, Meyer Katz, deceased, returned to him the sum of $5,000 retaining $500. Plaintiff also paid $50 to the attorney of Katz in payment of his services. The contract is silent as to damages for its breach. This was the state of the proof at the close of plaintiff's case. The attorney for the defendant moved for a judgment of nonsuit which was granted. We find no error in this action.

Where a contract contains no stipulation as to damages for its breach a purchaser who alone repudiates the contract without justifiable cause, as in the case sub judice, cannot recover what he has paid under it. Steinbach v. Pettingill, 67 N.J.L. 36; Thompson v. Killheffer, 98 Id. 359; reversed on other grounds in 99 Id. 439; Blank v. Berger, 104 Id. 569; Moore v. Durnam, 63 N.J. Eq. 96 ; affirmed, 69 Id. 828.

Judgment affirmed, with costs.


Summaries of

Katz v. Katz

Supreme Court of New Jersey
Jun 3, 1946
134 N.J.L. 303 (N.J. 1946)
Case details for

Katz v. Katz

Case Details

Full title:DAVID KATZ, PLAINTIFF-APPELLANT, v. DORA KATZ AND JOSEPH S. KATZ…

Court:Supreme Court of New Jersey

Date published: Jun 3, 1946

Citations

134 N.J.L. 303 (N.J. 1946)
47 A.2d 423

Citing Cases

Simms v. Bovee

That being so, the law is clear, as enunciated by many decisions that the purchaser had no right to demand…

Oliver v. Lawson

It has heretofore generally been held in New Jersey that in such instances the defaulting buyer may not…