Summary
In Schoenberg v. O'Connor, (N.J.) 185 A. 377, it was held that, "Right of public to appropriate dedicated street to public use at any future time when their wants or convenience may require it, attaches immediately on dedication, and lapse of time will not impair such public right.
Summary of this case from Huddleston v. DeansOpinion
Argued February 10, 1936 —
Decided May 14, 1936.
On appeal from a judgment of the Supreme Court, whose opinion is printed in 14 N.J. Mis. R. 412.
For the appellant, Roberson Roberson ( Alfred Brenner, of counsel).
For the respondent, Edward Schwartz.
We concur in the view of Judge Ackerson that plaintiff was entitled to rescind the contract of sale, because of the "unmarketability of title." Under the circumstances, he properly invoked the principle declared in Eisler v. Halperin, 89 N.J.L. 278, that, if acceptance of the proffered title would lay the vendee "open to a fair probability of vexatious litigation with the possibility of serious loss," the title is unmarketable, and the vendee is justified in refusing to accept it.
Let the judgment be affirmed.
For affirmance — THE CHANCELLOR, CHIEF JUSTICE, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, JJ. 13.
For reversal — None.