ROSS v. ORR


3 N.J. 277 (1949)

69 A.2d 730

ISABELLA M. ROSS AND DESMOND ROSS, PLAINTIFFS-RESPONDENTS, v. ANGUS ORR AND ELIZABETH ORR, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided December 12, 1949.


Attorney(s) appearing for the Case

Mr. Cecil S. Ackerson argued the cause for appellants (Mr. Edward Farry, Jr., attorney).

Mr. Benjamin I. Kantor argued the cause for respondents (Messrs. Karkus & Kantor, attorneys).


The opinion of the court was delivered by WACHENFELD, J.

The question here is one of procedure and the inquiry is whether or not, on defendants' opening, the court can direct a verdict for the plaintiffs before any evidence is taken. The case was certified here on our own motion.

The action was commenced in the Monmouth County Court for the recovery of money due under a contract for the sale and delivery of certain garage equipment. The defendants' answer...

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