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Remedies Keyed to Kovacic-Fleischer, 8th
Centex Homes Corp. v. Boag
Citation:
320 A.2d 194, 128 N.J. Super 385 (1974)Facts
On September 13, 1972, defendants Eugene and Virginia Boag executed a contract to purchase condominium apartment unit No. 2019 in Winston Towers 200, a luxury high-rise development being constructed by plaintiff Centex Homes Corporation. The purchase price was $73,700, and defendants had paid a $525 deposit before signing and delivered a check for $6,870 shortly after signing, totaling approximately ten percent of the purchase price. The condominium project, when completed, would consist of six 31-story buildings containing over 3,600 virtually identical apartment units with only six different floor plans, sold through model apartments in a manner similar to personal property sales. Shortly after signing, Mr. Boag was transferred to Chicago by his employer and notified Centex on September 27, 1972, that he could not complete the purchase, subsequently stopping payment on the $6,870 check. Centex deposited the check approximately two weeks later, but it was dishonored by defendants’ bank.
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