JENNINGS v. PINTO


5 N.J. 562 (1950)

76 A.2d 669

JOHN F. JENNINGS, PLAINTIFF-APPELLANT, v. B. JOSEPH PINTO, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided November 27, 1950.


Attorney(s) appearing for the Case

Mr. Raymond F. Brady argued the cause for appellant.

Mr. Mordecai Sarbone argued the cause for respondent (Messrs. Sarbone & Lordi, attorneys).


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

Plaintiff sued in the Superior Court to recover liquidated damages on defendant's alleged breach of contract. The court granted a judgment of dismissal at the close of plaintiff's case. An appeal was taken therefrom by plaintiff to the Appellate Division and comes to us on our own motion.

Plaintiff rented a gasoline service station on yearly lease from Gulf Oil Corporation and owned the business there conducted...

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