TUNKEL v. FILIPPONE


4 N.J. Super. 107 (1949)

66 A.2d 339

DORA TUNKEL, PLAINTIFF-APPELLANT, v. JOSEPH FILIPPONE, AND OTHERS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 2, 1949.


Attorney(s) appearing for the Case

Mr. Saul Neivert argued the cause for the plaintiff-appellant.

Mr. George D. Mulligan argued the cause for the defendants-respondents.

Before Judges JACOBS, EASTWOOD and BIGELOW.


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

Plaintiff-appellant entered into a contract to purchase from defendants certain vacant lots in Union County. The contract was on a form published in New York, which contained the following printed clause:

"Unconfirmed improvements or assessments, if any, shall be paid and allowed by the seller on account of the purchase price, if the improvement or work has been completed on or before * * *"

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