Centex Homes Corp. v. Boag
New Jersey Superior Court, Chancery Division
320 A.2d 194, 128 N.J. Super 385 (1974)
- Written by Rocco Sainato, JD
Facts
Centex Homes Corp. (Centex) (plaintiff) constructed six high-rise condominiums in the New York City suburbs of Cliffside Park and Fort Lee. As the condominiums were being constructed, Mr. and Mrs. Eugene Boag (defendants) entered into a contract to purchase one of the condominium units. The contract provided for liquidated damages for Centex in the event the Boags defaulted. This amount was to be set at the amount that had been paid up until the default. Prior to executing the contract, the Boags paid a $525 deposit. The Boags then signed a contract with Centex, and they gave Centex an additional $6,870 check. Soon thereafter, Mr. Boag was informed that he would be relocating to Chicago. The Boags stopped payment on the check and informed Centex they would not be taking the apartment. Centex made an unsuccessful attempt to cash the check, and then brought this action for specific performance of the contract, or in the alternative, liquidated damages.
Rule of Law
Issue
Holding and Reasoning (Gelman, J.)
What to do next…
Here's why 899,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 47,000 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
