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FLEISCHER v. JAMES DRUG STORES, INC.

1 N.J. 138 (1948)

62 A.2d 383

NATHAN FLEISCHER, COMPLAINANT-APPELLANT, v. JAMES DRUG STORES, INC., MAX EDLIN AND LOUIS GARAWITZ, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 22, 1948.

Attorney(s) appearing for the Case

Mr. Harry Kay argued the cause for complainant-appellant.

Mr. Bernard Freedman argued the cause for defendant-respondent, James Drug Stores, Inc.

Mr. Charles Danzig argued the cause for defendants-respondents, Max Edlin and Louis Garawitz (Mr. Richard J. Congleton and Mr. Charles W. Kappes, Jr. on the brief; Messrs. Riker, Emery & Danzig, attorneys).

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

The case is here under Article XI, section IV, paragraph 8 of the Constitution of 1947 and chapter 367 of the Pamphlet Laws of 1948.

The suit is for specific performance and for discovery and an accounting and damages.

The learned Vice Chancellor dismissed the bill upon these grounds: that specific performance will not be decreed...

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