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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