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MILLER AND SONS BAKERY CO., INC., v. SELIKOWITZ

4 N.J. Super. 97 (1949)

66 A.2d 441

MILLER AND SONS BAKERY CO., INC., DE FACTO CORPORATION OF THE STATE OF NEW JERSEY AND MILLER AND SONS BAKING CO., INC., A DE JURE CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MAX SELIKOWITZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 31, 1949.

Attorney(s) appearing for the Case

Mr. Lewis S. Jacobson argued the cause for the plaintiff-respondent.

Mr. Harold J. Sklarew argued the cause for the defendant-appellant.

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by EASTWOOD, J.A.D.

Defendant, Max Selikowitz, appeals from an order of the Superior Court, Law Division, striking his answer and directing final judgment to be entered in favor of the plaintiff, Miller and Sons Bakery Co., Inc.

The undisputed facts are: the parties entered into a written contract dated November 17, 1948, for the sale of defendant's bakery business, one of the provisions of which required seller to obtain...

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