BRAMALL v. WALTON


23 N.J. Super. 360 (1952)

93 A.2d 43

LEWIS E. BRAMALL AND FRANK J. BRAMALL, PLAINTIFFS, v. MARGARET S. WALTON AND M. LYNWOOD WALTON, INDIVIDUALLY AND AS EXECUTORS OF THE ESTATE OF JOHN C. STUART, DECEASED; JOHN STUART WALTON, A MINOR; HANNAH S. CREAMER AND FRANK T. SCHWARTZ, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 11, 1952.


Attorney(s) appearing for the Case

Mr. Alexander Denbo, attorney for plaintiffs.

Mr. John O. Sitzler, Jr., attorney for defendant Frank T. Schwartz, Inc.

Mr. N. Morton Rigg, attorney for defendant Margaret S. Walton, et al.


HANEMAN, J.S.C.

Defendants herein move for a summary judgment on the ground that there exists no genuine issue as to any material fact, and that they are entitled to a judgment as a matter of law.

The complaint discloses the following:

1. On May 5, 1950 John C. Stuart executed the following memorandum of an alleged agreement with the plaintiffs:

"FIRST NATIONAL BANK AND TRUST COMPANY,

...

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