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COOPER v. KENSIL

33 N.J. Super. 410 (1954)

110 A.2d 559

ARTHUR M. COOPER AND STANLEY FRANKEL, PLAINTIFFS-APPELLANTS, v. THEODORE J. KENSIL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 1954.

Attorney(s) appearing for the Case

Mr. Louis B. LeDuc argued the cause for the appellants.

Mr. George D. Rothermel argued the cause for the respondent (Mr. Samuel Kalikman, of counsel).

Before Judges CLAPP, JAYNE and FRANCIS.

PER CURIAM.

The judgment appealed from is affirmed for the reasons set forth in the opinion of Judge Haneman reported in 31 N.J.Super. 87 (Ch. Div. 1954).

It may be noted also as a fundamental matter that the remedy of specific performance is not available where the right is "dim." (Jayne, V.C., Cline v. Kurzweil, 141 N.J. Eq. 508, 514 (Ch. 1948), affirmed 1 N.J. 407

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