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MASSARI v. EINSIEDLER

3 N.J. Super. 40 (1949)

65 A.2d 538

JOSEPH MASSARI ET AL., A CO-PARTNERSHIP DOING BUSINESS UNDER THE NAME OF MASSARI BROTHERS MACHINE CO., PLAINTIFFS-RESPONDENTS, v. CHARLES EINSIEDLER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 13, 1949.

Attorney(s) appearing for the Case

Mr. Kenneth C. Hand (Mr. Milton A. Feller, attorney) argued the cause for the appellant.

Mr. David Stoffer (Mr. Arthur L. Abrams, attorney) argued the cause for the respondents.

Before Judges McGEEHAN, DONGES and COLIE.

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

Plaintiffs instituted suit alleging in the first count of the complaint that they contracted to sell their business to defendant for $364,000. In pursuance of the contract, they sold the business, together with the name Accurate Bushing Company and that the defendant paid $194,586.65 with interest, leaving an unpaid balance of $170,584.26 and demanded judgment in that amount. In the second count of the complaint...

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