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HOLMES v. HARRIS

33 N.J. Super. 395 (1954)

110 A.2d 329

FRANK D. HOLMES AND ELIZABETH M. HOLMES, INDIVIDUALLY AND TRADING AS HUBER'S MENS WEAR, PLAINTIFFS-RESPONDENTS, v. MALCOLM E. HARRIS, AINSLIE N. HARRIS, MARIAN A. HARRIS, OLGA E. HARRIS, DEFENDANTS-RESPONDENTS ON APPEAL AND ON CROSS-CLAIM, AND MONMOUTH SERVICE COMPANY, A CORPORATION OF NEW JERSEY, DEFENDANT AND CROSS CLAIMANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 1954.

Attorney(s) appearing for the Case

Mr. Maurice A. Potter argued the cause for defendant and cross claimant-appellant (Messrs. Potter and Fisher, attorneys).

Mr. Isadore H. Colton argued the cause for plaintiffs-respondents.

Before Judges CLAPP, JAYNE and FRANCIS.

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

In this action the essentially significant facts are not in dispute. It will be serviceable to marshal them in chronological sequence.

On February 11, 1946 Rose M. Harris let the ground floor of premises designated No. 185 Broadway, Long Branch, New Jersey, to Huber's, Inc., a corporation of this State, for a term expiring on March 31, 1956. The transaction was evidenced by a written lease duly executed...

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