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DEEVY v. PORTER

21 N.J. Super. 278 (1952)

91 A.2d 158

ANNE K. DEEVY, PLAINTIFF-RESPONDENT, v. O. JAMES PORTER, JAMES R. PORTER, WILLIAM H. JERVIS, WILLIS J. PORTER, BRUCE D. McCREARY, VERL J. LOVELL, MARIE J. PORTER, LAURA E. HUDSON, AND BILLIE J. PORTER, PARTNERS, DOING BUSINESS AS PORTER-URQUHART ASSOCIATED-O.J. PORTER & COMPANY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 22, 1952.

Attorney(s) appearing for the Case

Mr. David Friedenberg argued the cause of plaintiff-respondent.

Mr. John G. Thevos, by special leave of court, argued the cause for defendants-appellants (Mr. Grover C. Richman, Jr., United States Attorney, attorney).

Before Judges SCHETTINO, LLOYD and WOODS.

The opinion of the court was delivered by SCHETTINO, J.S.C.

Defendants appeal from a judgment entered upon a jury's verdict. Plaintiff is the assignee of Nelson Tyrrel and his wife, Mary Elizabeth Tyrrel. The recovery was for damages for breach of an agreement whereby defendants contracted to employ both Mr. and Mrs. Tyrrel.

The damages recovered were not for services rendered but rather for the agreed compensation for the unperformed portion of the contract...

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