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GARDNER v. ROSECLIFF REALTY CO.

41 N.J. Super. 1 (1956)

124 A.2d 30

JOHN M. GARDNER AND CHARLES E. GARDNER, PLAINTIFFS-RESPONDENTS, v. ROSECLIFF REALTY CO., INC., ETC., AND IRVING ROSENTHAL, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 9, 1956.

Attorney(s) appearing for the Case

Mr. Aaron Lasser argued the cause for plaintiffs-respondents (Messrs. Lasser and Lasser, attorneys).

Mr. Frank G. Schlosser argued the cause for defendants-appellants (Mr. William George, attorney).

Before Judges CLAPP, JAYNE and FRANCIS.

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

Following certain proceedings in this court and the trial court, which need not be referred to here, the complaint was amended below so as to set out in four counts the following causes of action, all to recover damages: the first count, against defendant Rosecliff Realty Co., Inc., for breach of contract; the second count, against defendant Irving Rosenthal, Rosecliff's president, for breach of his warranty...

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