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SCUITIER v. BARILE

6 N.J. Super. 595 (1950)

70 A.2d 894

SALVATORE SCUITIER, INDIVIDUALLY AND TRADING UNDER THE NAME AND STYLE OF S. & S. FRUIT CENTER, PLAINTIFF, v. PATRICK BARILE, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided January 13, 1950.

Attorney(s) appearing for the Case

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

Mr. Wilfred L. Dempsey for the defendant.

FREUND, J.S.C.

This is an application to restrain pendente lite the violation of a restrictive covenant in an agreement between the plaintiff and the defendant.

The parties were partners in a grocery and vegetable business at No. 38 Chatham Road, in Short Hills, New Jersey. On November 2, 1949, the defendant sold his interest in the partnership to the plaintiff for a consideration of $6,500. The agreement...

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