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GAUB v. NASSAU HOMES, INC.

53 N.J. Super. 209 (1958)

147 A.2d 73

MARGARET FERRY GAUB, INDIVIDUALLY AND AS EXECUTRIX OF THE LAST WILL AND TESTAMENT OF ANNA E. FERRY, DECEASED, AND FREDERICK GAUB, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. NASSAU HOMES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 16, 1958.

Attorney(s) appearing for the Case

Mr. Robert E. La Mura argued the cause for plaintiffs-appellants (Mr. John W. Applegate, attorney).

Mr. Ernest F. Keer, Jr., argued the cause for defendant-respondent (Messrs. Boyd, Dodd, Keer & Booth, attorneys).

Before Judges PRICE, SCHETTINO and HALL.

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

By this appeal plaintiffs, in an action for specific performance of a written contract for the sale of realty, seek the reversal of a judgment of the Superior Court, Chancery Division, dismissing their complaint on the merits and entering judgment in favor of defendant on its counterclaim for $14,000 paid by it under the contract. After the completion of plaintiffs' case defendant offered no proofs but moved...

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