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ZWASKA v. IRWIN

52 N.J. Super. 27 (1958)

144 A.2d 554

RAYMOND ZWASKA, PLAINTIFF, v. GEORGE B. IRWIN, MARIE G. IRWIN, EDWARD P. NORRETT, CATHERINE A. NORRETT, BERNARD NILSEN, MARY M. NILSEN, AND UNITED STATES OF AMERICA, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided August 18, 1958.

Attorney(s) appearing for the Case

Messrs. Cobbin & Farr (Mr. William R. Farr appearing), attorneys for plaintiff.

Messrs. Evoy & Feinberg (Mr. Ralph S. Warrington appearing), attorneys for defendants George B. Irwin and Marie G. Irwin.

Mr. Louis B. LeDuc, attorney for defendants Edward P. Norrett and Catherine A. Norrett.

Mr. James G. Aiken, attorney for defendants Bernard Nilsen and Mary M. Nilsen.

Mr. Chester A. Weidenburner, U.S. Attorney (Mr. John H. Mohrfeld, 3rd, Asst. U.S. Attorney, and Mr. David E. Crabtree, Regional Counsel, appearing), attorney for defendant United States of America.

SCHALICK, J.S.C.

The plaintiff, Zwaska, and defendants, Irwin and Norrett, agreed in 1954 to purchase municipally-owned lots on which they would build and sell dwelling houses, their capital contributions and their profits to be equal. Jointly, they attempted to buy certain lots for which they agreed with the Borough to bid at public sale. They were outbid at the sale. To avoid competitive attention, the three persons then agreed that each would separately apply to...

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