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POPULAR REFRESHMENTS, INC. v. FULLER'S MILK BAR

85 N.J. Super. 528 (1964)

205 A.2d 445

POPULAR REFRESHMENTS, INC., A CORPORATION, PLAINTIFF-APPELLANT, v. FULLER'S MILK BAR AND RECREATION CENTER, INC., ETC., ET AL., DEFENDANTS-RESPONDENTS, AND TOWNSHIP OF WAYNE, ETC., INTERVENOR-DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1964.

Attorney(s) appearing for the Case

Mr. Newton M. Roemer argued the cause for appellant (Messrs. Gelman & Gelman, attorneys).

Mr. Victor P. Mullica argued the cause for respondents.

Before Judges CONFORD, KILKENNY and LEWIS.

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

Plaintiff, lessee of a portion only of a larger single tract of land, was denied specific performance of a written option to purchase the demised premises, solely because the local planning board had denied the lessor's application for approval of the subdivision. Plaintiff appeals from this adverse judgment of the Chancery Division.

The option to purchase at a price of $35,000 was contained in a written...

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