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ROSE v. MINIS

41 N.J. Super. 538 (1956)

125 A.2d 535

ROBERT J. ROSE AND LLOYD V.S. CONOVER, PLAINTIFFS-APPELLANTS, v. H. PHILIP MINIS AND DOROTHEA H. MINIS, AND MAX ZAITZ AND DAVID ZAITZ, PARTNERS, T/A B. ZAITZ & SONS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 28, 1956.

Attorney(s) appearing for the Case

Mr. Francis P. Sutton argued the cause for the plaintiffs-appellants (Messrs. Hauck, Herrigel & Sutton, attorneys).

Mr. James S. Turp argued the cause for the defendants-respondents Max Zaitz and David Zaitz, partners, t/a B. Zaitz & Sons (Messrs. Turp & Coates, attorneys).

Mr. Thomas P. Cook argued the cause for the defendants Minis, respondents-cross appellants (Messrs. French and Cook, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

Plaintiff Robert J. Rose sought specific performance of an alleged agreement for the purchase of certain property owned by the defendants, H. Philip Minis and Dorothea Minis, his wife. Lloyd V.S. Conover joined in the action as plaintiff, asserting that he was the broker who produced Rose as the buyer; he demanded judgment for commissions on the sale.

The Minises counterclaimed for damages against Conover...

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