OLD FALLS, INC. v. JOHNSON


88 N.J. Super. 441 (1965)

212 A.2d 674

OLD FALLS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CHARLES F.H. JOHNSON, JR., AND DOROTHY I. JOHNSON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 1965.


Attorney(s) appearing for the Case

Mr. Theodore J. Labrecque, Jr. argued the cause for appellant (Messrs. Parsons, Canzona, Blair & Warren, attorneys).

Mr. Ernest Fasano argued the cause for respondents (Messrs. Doremus, Russell, Fasano & Nicosia, attorneys; Mr. William L. Russell, Jr., of counsel).

Before Judges KILKENNY, SULLIVAN and LEWIS.


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

This matter involves litigation arising out of a real estate transaction. Plaintiff's action in the Superior Court, Law Division, for breach of warranties contained in a general warranty deed, was dismissed at the close of the presentation of its proofs. The present appeal followed.

We shall narrate only such factual evidence as appears to us to be necessary to resolve the critical legal issues under...

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