Supreme Court of New Jersey June 11, 1906 (Murray v. Schuldt)

The opinion of the court was delivered by

Swayze, J.

The judgment in this case must be reversed. The error of the trial judge was in failing to observe the dis*490'tinction between an express contract and an implied contract. The property having been conveyed to the defendant, the plaintiff’s action was not upon the express contract of sale, ■but upon the debt which arose upon the conveyance.