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HODES v. DUNSKY

5 N.J. Super. 333 (1949)

69 A.2d 34

ANN HODES, PLAINTIFF-APPELLANT, v. JOSEPH DUNSKY AND ANOTHER. DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 10, 1949.

Attorney(s) appearing for the Case

Mr. Harry T. Davimos argued the cause for plaintiff-appellant.

Mr. Jerome S. Lieb argued the cause for defendants-respondents. (Messrs. Harkavy & Lieb, attorneys).

Before Judges JACOBS, DONGES and BIGELOW.

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

By assignment, the plaintiff stands as the purchaser in a contract for the sale of real estate. When the vendors, the defendants, failed to convey the land to her, she sued in the County Court for the return of $1,750 paid on account of the purchase price. The defendants moved for a summary judgment on the ground that the plaintiff had not tendered performance on her part; that she had breached the contract...

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