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JAVNA v. D.J. FREDRICKS, INC.

41 N.J. Super. 353 (1956)

125 A.2d 227

STEPHEN L. JAVNA, PLAINTIFF-APPELLANT, v. D.J. FREDRICKS, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 4, 1956.

Attorney(s) appearing for the Case

Mr. Max Rosenbloom argued the cause for plaintiff-appellant (Mr. Sidney Cohn, attorney).

Mr. James A. Major argued the cause for defendant-respondent (Mr. G. Tapley Taylor on the brief).

Before Judges CLAPP, HALL and HEGARTY.

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

Plaintiff entered into a contract with the defendant for the purchase of three vacant lots in the Borough of Maywood, N.J., paying $500 down on account of the purchase price. Under the terms of the contract, defendant was to refund to him the $500, together with search and legal fees not exceeding $125, in the event it could not give a "marketable title." In...

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