PAUL v. BRASS RAIL LIQUORS


31 N.J. Super. 211 (1954)

106 A.2d 307

ROSE PAUL, ET AL., PLAINTIFFS-APPELLANTS, v. BRASS RAIL LIQUORS, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 1954.


Attorney(s) appearing for the Case

Mr. John Henry Reiners, Jr., argued the cause for the appellants.

Mr. Carl Kisselman argued the cause for the respondent.

Before Judges JAYNE, STANTON and HALL.


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

The plaintiffs appeal from an adverse judgment in an action in which they sought the return of the sum of $2,650 deposited by them under a contract wherein they agreed to purchase a retail liquor business from the defendant. The case was presented on a stipulation of facts.

Paragraph 7 of the contract provides as follows:

"In the event that the Municipal Excise Board...

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