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BALL v. PORTER

23 N.J. Super. 491 (1952)

93 A.2d 223

CLINTON W. BALL, 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 December 10, 1952.

Attorney(s) appearing for the Case

Mr. Edward V. Ryan argued the cause for defendants-appellants (Mr. John J. Barry on the brief; Mr. Grover C. Richman, Jr., United States Attorney, attorney for defendants-appellants).

Mr. Max Mehler argued the cause for plaintiff-respondent (Mr. Bertram S. Grand and Mr. John A. Marzulli, attorneys for plaintiff-respondent).

Before Judges FREUND, STANTON and CONLON.

The opinion of the court was delivered by STANTON, J.S.C. (temporarily assigned).

This action was brought by the plaintiff to recover damages for the breach of an employment contract. The defendants appeal from a judgment entered upon a verdict in his favor.

The appellants contend that the trial court erred in failing to charge the jury on the defense that the contract, if in fact proved, had been terminated by mutual consent; and in denying their motion made...

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