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STEHR v. SAWYER

73 N.J. Super. 394 (1962)

180 A.2d 161

JOHN J. STEHR, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. ALTON L. SAWYER AND HELEN SAWYER, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1962.

Attorney(s) appearing for the Case

Mr. Sheldon A. Weiss argued the cause for appellant and cross-respondent (Messrs. McGovern & Roseman, attorneys; Mr. Isadore Glauberman, of counsel; Mr. Weiss, on the brief).

Mr. John R. Knox argued the cause for respondents and cross-appellants (Messrs. Morris, Downing & Sherred, attorneys; Mr. Knox, of counsel).

Before Judges GOLDMANN, FREUND and FOLEY.

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

Plaintiff John J. Stehr, the vendee, appeals from a judgment denying him specific performance of a contract to purchase three tracts of real property in the Township of Byram, N.J., either with or without an abatement in the purchase price. The present action was instituted when defendants-vendors, Alton L. Sawyer and Helen, his wife, were unable to perform their contract since they could not deliver good and...

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