DE CARO v. DE CARO


22 N.J. Super. 463 (1952)

92 A.2d 97

THOMAS J. DE CARO, ET ALS., PLAINTIFFS-APPELLANTS, v. FRANK DE CARO, ALSO KNOWN AS FORTUNATO DE CARO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 5, 1952.


Attorney(s) appearing for the Case

Mr. Samuel A. Larner argued the cause for the plaintiffs-appellants (Mr. Morris Pashman, attorney).

Mr. Ralph W. Chandless argued the cause for the defendant-respondent (Messrs. Chandless, Weller, Kramer & Frank, attorneys).

Before Judges FREUND, STANTON and CONLON.


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

The plaintiffs appeal from a judgment denying specific performance of an agreement entered into between them and the defendant, on the ground that the consideration was inadequate. There is no dispute as to the material facts.

Anna De Caro died on April 18, 1950, survived by three children, the plaintiffs herein, and by her husband, the defendant. At...

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