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405 MONROE CORP. v. CITY OF ASBURY PARK

70 N.J. Super. 293 (1961)

175 A.2d 267

405 MONROE CORP., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. CITY OF ASBURY PARK, A MUNICIPAL CORPORATION, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided September 13, 1961.

Attorney(s) appearing for the Case

Messrs. Stout & O'Hagan (Mr. William J. O'Hagan, appearing), attorneys for plaintiff (Mr. Max Brustin, of counsel).

Messrs. Durand, Ivins & Carton (Mr. Robert V. Carton, appearing), attorneys for defendant (Mr. Ascenzio R. Albarelli, of counsel).

LEONARD J.S.C.

This is a Chancery proceeding to specifically enforce a certain written agreement between the parties hereto, or in the alternative, in the event said agreement is not so enforced, then for the recovery of damages by the plaintiff.

This matter was tried for 16 days before Judge Lester A. Drenk but was not determined by him due to his untimely and unfortunate demise. Thereafter, it was stipulated by

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