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DOVER SHOPPING CENTER, INC. v. CUSHMAN'S SONS, INC.

63 N.J. Super. 384 (1960)

164 A.2d 785

DOVER SHOPPING CENTER, INCORPORATED, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CUSHMAN'S SONS, INC., A CORPORATION OF THE STATE OF NEW YORK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 1960.

Attorney(s) appearing for the Case

Mr. David Young, 3rd, argued the cause for appellant (Messrs. Young & Sears, attorneys).

Mr. Joseph A. Weisman argued the cause for respondent (Messrs. Hannoch, Weisman, Myers, Stern & Besser, attorneys; Mr. Albert G. Besser and Mr. Joseph S. Seidel, of counsel).

Before Judges GOLDMANN, FREUND and KILKENNY.

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

Defendant appeals from a mandatory injunction of the Chancery Division, entered December 3, 1959, ordering it to reopen its retail bakery business at the store premises leased by it from plaintiff at No. 17 Bassett Highway, Dover, and to keep the store open for business during the hours and on the days required by paragraph Third of the lease, with a manager or salesperson in charge and a "Cushman's" sign...

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