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LINCOLN HIGHWAY REALTY, INC. v. STATE

128 N.J. Super. 35 (1974)

318 A.2d 795

LINCOLN HIGHWAY REALTY, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided April 17, 1974.

Attorney(s) appearing for the Case

Mr. David M. Baer for plaintiff (Messrs Baer and Arbeiter, attorneys).

Mr. Alan B. Rothstein, Deputy Attorney General, argued the cause for defendant (Mr. William F. Hyland, Attorney General, attorney).

ANTELL, J.S.C.

On this motion plaintiff asks summary judgment for specific performance of an option to purchase, allegedly exercised by the defendant. Defendant responds that because the option was not exercised in the manner prescribed by statute the facts presented do not give rise to an enforceable agreement. There is no genuine issue as to the following material facts.

In June 1967 plaintiff entered into...

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