Trush v. Shields

The petition for leave to intervene should be denied. Ehrenstrom v. Phillips, 9 Del. Ch. 74 , 77 A. 80 , is decisive upon the question. The fact that a vendee of land who acquired title with notice of a prior outstanding contract of purchase in another will be required specifically to perform the latter’s contract, as was held in Long v. Chandler, et al., 11 Del. Ch. 125 , 98 A. 189 , has no bearing upon the question which Ehrenstrom v. Phillips, supra, decides. That case, I may say, recognizes the propriety of the complainant’s joining the rival purchaser as a party defendant. ■ It would be well for the complainant to consider whether it would be prudent for him- to proceed with the cause until after he has made the petitioner a party.

The pending petition, however, must be dismissed.