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SEARS, ROEBUCK & CO. v. KELSEY HOLDING CO.

30 N.J. Super. 307 (1954)

104 A.2d 708

SEARS, ROEBUCK & CO., A CORPORATION, PLAINTIFF-RESPONDENT, v. KELSEY HOLDING CO., A CORPORATION, DEFENDANT-APPELLANT, AND SOUTH ORANGE TRUST COMPANY, A CORPORATION, AND SCOTTISH UNION AND NATIONAL INSURANCE COMPANY, A CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1954.

Attorney(s) appearing for the Case

Mr. Bernard Freedman argued the cause for appellant (Messrs. Koehler, Augenblick & Freedman, attorneys).

Mr. Saul J. Zucker argued the cause for respondent (Messrs. Kristeller & Zucker, attorneys).

Before Judges EASTWOOD, JAYNE and CLAPP.

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

The principles of equity lead the way to a just decision of this case. An epitome of the facts which we believe the trial judge was justified in adopting will be adequately informational.

Evidenced by written instruments dated July 5, 1945 and April 24, 1947, the United States Realty & Investment Company leased to the plaintiff for a term of 25 years commencing January 1, 1947 the three-story building...

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