STEWART v. TWP. OF DELANCO


4 N.J. Super. 211 (1949)

66 A.2d 751

JOHN STEWART, PLAINTIFF-APPELLANT, v. TOWNSHIP OF DELANCO, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1949.


Attorney(s) appearing for the Case

Mr. Barney B. Brown (Mr. Carl Kisselman, attorney) argued the cause for the plaintiff-appellant.

Mr. Harold T. Parker (Messrs. Parker, McCay & Criscuolo, attorneys) argued the cause for the defendant-respondent.

Before Judges EASTWOOD, BIGELOW and FREUND.


The opinion of the court was delivered by FREUND, J.S.C.

The plaintiff appeals from a judgment of dismissal entered in favor of the defendant at the close of plaintiff's case.

The suit was brought for the recovery of payments made by plaintiff on account of the purchase of a tax sale certificate held by the defendant municipality, which it thereafter in violation of its alleged agreement with the plaintiff resold to a third person at a public sale.

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