Citation Numbers: 7 N.J. Misc. 569
Filed Date: 6/21/1929
Status: Precedential
Modified Date: 7/25/2022
The plaintiff is a vendor by contract of conditional sale which was not recorded, in which contract one Grentius was the conditional vendee. Grentius was also a tenant of the defendant, Mucha, and was indebted to him for rent. Mucha started distress proceedings to recover his rent, and while these were pending Grentius and Mucha made a settlement whereby Grentius sold and delivered to Mucha the property covered by the conditional sale contract, and other property in satisfaction either wholly or partially of the claim for rent. It does not specifically appear in the state of the case that Mucha had no knowledge of the contract of conditional sale, but as nothing is said about this point we assume that the parties so understood at the trial. The appellant vendor seeks to hold Mucha for a conversion of the property covered by the conditional sale.
The case of Commercial Credit v. Vincis, 98 N. J. L. 376,