Oldfield v. Stoeco Homes, Inc.
Supreme Court of New Jersey
139 A.2d 291 (1958)
Ocean City sold land to Stoeco Homes (defendant) by deed requiring it to fill certain lots to grade within a year, with automatic reversion to the city upon failure, but the deed also let the city modify those conditions; when Stoeco missed the deadline, the city twice passed resolutions extending the time rather than reclaiming the land. Resident Oldfield (plaintiff) sued to have the extension resolutions declared void and the property returned to the city, but the trial court ruled for Stoeco, and the state supreme court took up the case.
Whether, under New Jersey law, a deed conveying title subject to performance conditions and a deadline, while also allowing modification of those conditions, conveys a fee simple subject to a condition subsequent rather than a fee simple determinable.