POSNER v. AIR BRAKES & EQUIPMENT CORP.


2 N.J. Super. 187 (1948)

62 A.2d 711

SAMUEL POSNER AND SARA POSNER, PLAINTIFFS, v. AIR BRAKES & EQUIPMENT CORP., A CORPORATION OF NEW JERSEY, AND SYSTEM BRAKE & EQUIPMENT COMPANY, A CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided December 17, 1948.


Attorney(s) appearing for the Case

Mr. Max L. Rosenstein, for the plaintiffs.

Mr. Bernard Shanley, of Young, Shanley, Foehl & Fisher, for the defendants.


FREUND, J.S.C.

The plaintiffs are the owners of premises commonly known as No. 40 Frelinghuysen Avenue, Newark, N.J., which they leased to defendant, Air Brakes & Equipment Corp., for a term of three years commencing March 1, 1947. The lease provided that the premises were "to be used and occupied for the sale, service, distribution and storing of brake and power-brake equipment and materials, and Auto Accessories"; that the tenant should not assign the agreement...

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