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52 N.J. Eq. 580

Thomas v. Weaver

Supreme Court of New Jersey

Decided June 15, 1894

Supreme Court of New Jersey · decided 1894-06-15

<p>In an action against husband and wife to enforce the specific performance of a contract to convey land, a-plea by the wife that complainant refused to carry out the agreement unless she executed a like agreement, which she did, without consideration and solely to answer for the default of her husband in carrying out said agreement, is a good defence to an action against her under the statute (Mev. tit. “Married Women” \ 5) providing that no married woman shall be liable on a promise to answer for the default of another.</p>

Decided 1894-06-15

Per Curiam.

¶1Order affirmed, for the reasons given in the court of chancery.

¶2For affirmance — The Chief-Justice, Dixon, Garrison, Lippincott, Mague, Reed, Van Syckel, Bogert, Brown, Krueger, Sims, Smith — 12.

¶3For reversal — None.

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