WEISBROD v. LUTZ


190 N.J. Super. 181 (1983)

462 A.2d 610

FERDINAND G. WEISBROD AND VALLEY VIEW VILLAGE, A NEW JERSEY PARTNERSHIP, PLAINTIFFS-APPELLANTS, v. NATHAN LUTZ AND DORIS LUTZ, HIS WIFE, PAUL SIESSER AND CAROL SIESSER, HIS WIFE, NATHAN LUTZ AND DORIS LUTZ AND PAUL SIESSER AND CAROL SIESSER, TRADING AS LOCKERIDGE REALTY COMPANY, A PARTNERSHIP, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1983.


Attorney(s) appearing for the Case

Walter R. Cohn argued the cause for appellants.

Douglas S. Brierley argued the cause for respondents (Schenck, Price, Smith & King, attorneys; Clifford W. Starrett of counsel).

Before Judges FRITZ, JOELSON and PETRELLA.


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

Plaintiff appeals from the denial of an order enforcing specific performance against defendants, and alternatively from the quantum of damages awarded by the Chancery Division judge. We affirm.

The trial of this matter took place in two stages. The first hearing determined defendants' liability under the contract of sale. The judge signed an order for specific performance, but as

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