SACCO v. SCHALLUS


11 N.J. Super. 197 (1950)

78 A.2d 143

ALBERT SACCO, PLAINTIFF, v. GEORGE SCHALLUS, JR., BY HIS GUARDIAN AD LITEM, GEORGE SCHALLUS, SR., DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided December 15, 1950.


Attorney(s) appearing for the Case

Mr. John B. Baratta, attorney for plaintiff.

Mr. Edward V. Martino, attorney for defendant.


HANEMAN, J.S.C.

This is a motion by the defendant to dismiss the action herein commenced because the complaint fails to state a claim against him upon which relief can be granted. The facts set forth in the complaint upon which relief is demanded are as follows:

In the latter part of December, 1948, the plaintiff and the defendant orally agreed to be partners in the business of buying and selling at retail groceries...

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