MOORE v. SCHULTZ


18 N.J. Super. 219 (1952)

86 A.2d 830

BENJAMIN MOORE, PLAINTIFF, v. ERNEST SCHULTZ, LEONARD SCHULTZ, GLADYS GRUENLER, MARION SCHULTZ, CATHERINE SCHULTZ, INDIVIDUALLY AND AS ADMINISTRATRIX OF FRANK SCHULTZ, DECEASED, AND FRED SCHULTZ & SONS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 29, 1952.


Attorney(s) appearing for the Case

Messrs. Doughty & Dwyer, attorneys for plaintiff.

Messrs. Hein & Smith, attorneys for defendants.


GRIMSHAW, J.S.C.

In this action the plaintiff seeks an adjudication of the rights of the respective parties under an agreement dated June 25, 1940, executed between Louisa Moore and Frank Schultz. Under the terms of the agreement Schultz was granted the exclusive right to enter upon the lands of Moore

"to remove sand and gravel therefrom as the party of the second part sees fit, subject however to state laws...

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