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K & J CLAYTON HOLDING CORP. v. KEUFFEL & ESSER CO.

113 N.J. Super. 50 (1971)

272 A.2d 565

K & J CLAYTON HOLDING CORP., A NEW YORK CORPORATION, PLAINTIFF, v. KEUFFEL & ESSER COMPANY, A NEW JERSEY CORPORATION, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided January 6, 1971.

Attorney(s) appearing for the Case

Mr. H. Lee Sarokin for plaintiff (Messrs. Lasser, Lasser, Sarokin & Hochman, attorneys).

Mr. Clyde M. Noll for defendant (Messrs. Bourne and Noll, attorneys).

LYNCH, J.S.C.

Plaintiff K. & J. Clayton Holding Corp. (K & J), a corporation of the State of New York, seeks specific performance of a contract for the purchase of real estate pursuant to an agreement entered into in its name as buyer, but executed prior to its incorporation. Defendant "seller" contends that there was no binding contract because (a) plaintiff was not in existence at the time the agreement was executed, and (b) "lack of mutuality" at that time...

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