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COHEN v. FAIR LAWN DAIRIES, INC.

86 N.J. Super. 206 (1965)

206 A.2d 585

BERTRAM I. COHEN AND HELENE COHEN, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. FAIR LAWN DAIRIES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, FARMLAND-FAIR LAWN DAIRIES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS, AND BOROUGH OF FAIR LAWN, A MUNICIPAL CORPORATION, AND NICHOLAS W. POSTMA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 18, 1965.

Attorney(s) appearing for the Case

Mr. James A. Major argued the cause for appellants (Messrs. Major & Major, attorneys).

Mr. Seymour Cohen argued the cause for respondents.

Before Judges CONFORD, KILKENNY and LEWIS.

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

The principal question here is whether a party to a written agreement may bind himself, by express stipulation therein, to liability to the other for the reasonable legal expense of maintaining an action for breach of the agreement as part of the recoverable damages in the event of such breach. We decide that question in the affirmative.

Early in 1954 plaintiffs and other homeowners in the Borough...

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