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OLSTOWSKI v. SCHRECK

91 N.J. Super. 100 (1966)

219 A.2d 210

FRANCISZEK OLSTOWSKI AND MARGUERITE OLSTOWSKI, PLAINTIFFS, v. JOSEPH SCHRECK, JR., AND MARY SCHRECK, DEFENDANTS.

Superior Court of New Jersey, District Court, Monmouth County.

Decided April 7, 1966.

Attorney(s) appearing for the Case

Mr. John B. Marshall argued the cause for plaintiffs.

Mr. John B. Applegate argued the cause for defendants, (Messrs. Applegate, LaMura & Horan, attorneys).

GRAY, J.D.C.

In this case, which I believe to be of novel impression, plaintiffs as sellers of real estate under contract seek summarily to dispossess the purchasers who have defaulted in their monthly payments on account of the purchase price. Plaintiffs contend that defendants unlawfully detain the property in violation of N.J.S. 2A:39-4 and 5, and are therefore entitled to dispossess defendants under N.J.S. 2A:39-6. Thus, the situation here presented...

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