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WELLMORE BUILDERS, INC. v. WANNIER

49 N.J. Super. 456 (1958)

140 A.2d 422

WELLMORE BUILDERS, INC., A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. GREGORY H. WANNIER, CAROL G. WANNIER, HIS WIFE; ALEXANDER CAPLAN AND J. LEWIS FIACRE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1958.

Attorney(s) appearing for the Case

Mr. Harry Weltchek argued the cause for appellant (Messrs. Weltchek & Weltchek, attorneys).

Mr. Homer R. Zink argued the cause for respondents Wannier (Messrs. Jones, Voigt & Fink, attorneys).

Mr. Addison E. Ely argued the cause for respondents Caplan and Fiacre (Messrs. Snevily & Ely, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Plaintiff Wellmore Builders, Inc. appeals from a summary judgment entered in the Chancery Division in favor of all defendants and dismissing its action for injunctive relief and specific performance.

On March 9, 1946 the predecessors in title of Wellmore and defendants Wannier entered into an agreement imposing certain obligations upon the parties thereto and their

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