WEISSBARD v. POTTER DRUG & CHEMICAL CORP.


6 N.J. Super. 451 (1949)

69 A.2d 559

MAX WEISSBARD AND HARRY WEISSBARD, INDIVIDUALLY AND TRADING AS WEISSBARD BROS., PLAINTIFFS, v. POTTER DRUG & CHEMICAL CORPORATION, A CORPORATION, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided November 29, 1949.


Attorney(s) appearing for the Case

Messrs. Bilder, Bilder & Kaufman (Mr. Samuel Kaufman) for the plaintiffs.

Messrs. Lorentz & Stamler (Mr. Joseph H. Stamler) for the defendant.


FREUND, J.S.C.

The plaintiffs instituted this proceeding under the Declaratory Judgments Act, R.S. 2:26-66 et seq., to declare a contract executed by the defendant pursuant to the provisions of the Fair Trade Act, R.S. 56:4-1 et seq., to be null and void, and to restrain the defendant from taking any proceeding against the plaintiffs.

The defendant has moved to dismiss the complaint on the ground that it is insufficient in law and...

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