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FIDELITY CHEMICAL PRODUCTS CORP. v. RUBINO

1 N.J. Super. 184 (1949)

63 A.2d 539

FIDELITY CHEMICAL PRODUCTS CORP., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MADELEINE RUBINO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 24, 1949.

Attorney(s) appearing for the Case

Mr. Aaron Marder argued the cause for plaintiff-appellant (Mr. Herman H. Singer, attorney).

Mr. Arthur Slavitt argued the cause for defendant-respondent (Messrs. Slavitt & Slavitt, attorneys).

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

The bill was filed by the vendee for specific performance of a contract for the sale of land. The vendor answered, admitting all the allegations of the bill and counterclaimed for cancellation on the ground of mistake. The Chancery Division entered judgment for defendant pursuant to the prayer of the counterclaim, and the plaintiff appeals.

The premises which are the subject of the litigation are a...

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