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DUNCAN DEVELOPMENT CO. v. DUNCAN HARDWARE, INC.

34 N.J. Super. 293 (1955)

112 A.2d 274

DUNCAN DEVELOPMENT COMPANY, A CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DUNCAN HARDWARE, INC., A CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1955.

Attorney(s) appearing for the Case

Mr. Wallace P. Berkowitz argued the cause for the defendant-appellant.

Mr. Louis Gluck argued the cause for the plaintiff-respondent (Messrs. Hollander and Leichter, attorneys; Mr. Edwin P. Gordon, of counsel).

Before Judges GOLDMANN, FREUND and CONFORD.

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

The plaintiff, Duncan Development Company, is the lessor and the defendant, Duncan Hardware, Inc., the lessee under a written lease for the entire ground floor and basement of a building in Jersey City, for a term of five years from September 19, 1949, used in the operation of a hardware business. This suit was brought to recover rent for two months, due January 19 and February 19, 1954. The defendant resisted...

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