Conklin v. Davi

76 N.J. 468, 388 A.2d 598 (1978)

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Nature of the Case

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Facts

Davi (D) contracted with Conklin (P) to buy property. The title to the property was to be both marketable and insurable. D refused to perform and wanted rescission of the contract, claiming that part of the property being sold was claimed under adverse possession and that that portion of the property could not be conveyed with marketable title. P sued for specific performance, but before trial P dropped his suit. D counterclaimed for rescission. At the conclusion of D’s case, the court granted P’s motion for judgment. D appealed and that court reversed and allowed D to rescind the contract. P appealed.