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FAHMIE v. WULSTER

81 N.J. 391 (1979)

408 A.2d 789

ELIAS FAHMIE, JR., LILLIAN FAHMIE: ISLAND ROAD HOLDING CO., A NEW JERSEY CORPORATION, AND FARMER'S AUTO & EQUIPMENT EXCHANGE, INC., A NEW JERSEY CORPORATION, PLAINTIFFS-APPELLANTS, v. K. ELIZABETH WULSTER, MANUEL FREIRE AND BARBARA FREIRE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 3, 1979.

Attorney(s) appearing for the Case

Mr. Dennis J. Drasco argued the cause for appellants (Messrs. Lum, Biunno & Tompkins, attorneys; Mr. Dennis J. Drasco, of counsel and on the brief with Mr. Gary O. Aidekman).

Mr. Richard K. Rosenberg argued the cause for respondents (Messrs. Rosenberg & Waldman, attorneys).

The opinion of the court was delivered by SULLIVAN, J.

The appeal herein by plaintiffs, on certification granted by this Court, 79 N.J. 486 (1979), involves basically the issue whether a covenant against encumbrances in a deed is breached when the grantor conveys real property on which is located a stream culvert inadequate in size and constructed in violation of state agency requirements. Plaintiffs, for the first time on appeal, also...

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