Opinion
Decided January 31st, 1927.
On appeal from a decree of the court of chancery advised by Vice-Chancellor Buchanan, who filed the following opinion:
"The bill is by vendor for specific performance of contract of sale; the defense being that the title is not a marketable one. Defendant admits that the facts and circumstances are precisely similar to those in Elmore Development Co. v. Binder, 97 N.J. Eq. 126, and that under the doctrine of stare decisis that case is controlling on the present issue.
"Decree will be advised for complainant, accordingly."
Messrs. Stamler, Stamler Koestler, for the respondent.
Mr. Leon L. McElroy and Mr. Leo S. Lowenkopf, for the appellant.
The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court below by Vice-Chancellor Buchanan.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, MINTURN, KALISCH, BLACK, KATZENBACH, CAMPBELL, LLOYD, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, DEAR, JJ. 13.
For reversal — None.