Monahan v. McElligott
Cases that cite this one
8 later published cases cite this decision.
- Stamato v. Agamie (N.J. 1957)
- Winter v. Toldt (N.J. Super. Ct. App. Div. 1954)
- McEnaney v. Spedick (N.J. Super. Ct. App. Div. 1951)
- Burlew v. Hepps (N.J. Super. Ct. App. Div. 1949)
- Zuendt v. A. Eisenstein, Inc. (New Jersey Court of Chancery 1947)
- Al-Sco Realty Co., Inc. v. Suburban Apt. Corp. (New Jersey Court of Chancery 1946)
- National Home Builders, Inc. v. Stokem (New Jersey Court of Chancery 1946)
- Burlew v. Hepps (New Jersey Court of Chancery 1946)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is a purchasers’ suit for specific performance of a contract to convey real estate. The defense in substance was that there was not a completed contract (1) because the husband’s signature was affixed to the paper by his wife; and (2) that a formal contract was contemplated but never executed.
The Vice-Chancellor held in substance that the paper relied on was legally sufficient in form, and that the wife’s signature for the husband was binding, although authorized by him only by parol.
Our examination of the case and briefs (there was no oral argument) leads to a concurrence in that decision, both as to matters of law and fact, and the decree under review will accordingly be affirmed.
For affirmance — The Chief-Justice, Parker, Case, Bodine, Donges, Hehbr, Perskie, Colie, Oliphant, Wells, Eafferty, Dill, Freund, McGeehan, JJ. 14.
For reversal — None.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.