24 N.J. 309 (1957)

131 A.2d 745


The Supreme Court of New Jersey.

Decided May 13, 1957.

Attorney(s) appearing for the Case

Mr. Aaron Heller argued the cause for plaintiff-appellant (Messrs. Heller & Laiks, attorneys; Mr. Aaron Heller, of counsel).

Mr. Howard Stern argued the cause for defendant-respondent (Messrs. Boyle & Boyle, attorneys; Mr. Howard Stern, of counsel).

The opinion of the court was delivered by WEINTRAUB, J.

Plaintiff, Frank Stamato, prevailed in a suit for specific performance of a contract for the sale of land owned by defendant, Fred Agamie. The Appellate Division reversed and we granted certification. 23 N.J. 115 (1956).

On August 14, 1953, the parties executed the following memorandum:

"This agreement between Frank Stamato...

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