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PETACCIA v. GALLIAN

16 N.J. Super. 427 (1951)

84 A.2d 748

LOUIS PETACCIA, PLAINTIFF-RESPONDENT, v. JOHN GALLIAN, AND OTHERS, ETC., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 30, 1951.

Attorney(s) appearing for the Case

Mr. Charles Wm. Kappes argued the cause for the respondent (Mr. A. Michael Lepore, attorney).

Mr. Leo Solomon argued the cause for the appellants (Messrs. Solomon & Solomon, attorneys).

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by BIGELOW, J.A.D.

The complaint on which the judgment is based alleges: That defendants agreed to sell and plaintiff to buy for $2,000 an automobile of a make known as the Tucker car, and that plaintiff paid defendants $331.60 on account thereof; that the defendants have failed to deliver the automobile to plaintiff, although he has made frequent demands, etc. The district court awarded judgment to plaintiff for $331.60 with...

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