Opinion
07-16-1901
MOORE v. BAKER.
Edward M. Colie, for complainant. Chas. E. A. Thorn, for demurrant.
Action by Arthur W. Moore against Ida R. Baker. Demurrer to complaint overruled.
Edward M. Colie, for complainant.
Chas. E. A. Thorn, for demurrant.
STEVENS, V. C. The only question raised by the demurrer is whether a vendor may bring a suit for specific performance against vendee to recover purchase money. This question was answered in the affirmative by Chancellor Green in Hopper v. Hopper, 16 N. J. Eq. 147. The decision in Miller v. Cameron, 45 N. J. Eq. 96, 15 Atl. 842, 1 L. R. A. 554, is to the same effect, and the rule seems thoroughly settled. Brown v. Haff, 5 Paige, 240, 28 Am. Dec. 425; Sugd. Vend. p. 224, c. 5, § 4; Pom. Eq. Jur. §§ 1402, 1405, 1407; Story, Eq. Jur. S§ 723, 790, 796. In Fry, Sppc. Pert, the grounds upon which the court proceeds are fully stated. Page 10, § 23. I think the demurrer should be overruled.