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GANGER v. MOFFETT

12 N.J. Super. 186 (1951)

79 A.2d 323

HARRY GANGER, PLAINTIFF-RESPONDENT, v. ARTHUR W. MOFFETT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1951.

Attorney(s) appearing for the Case

Mr. Carl Kisselman argued the cause for the defendant-appellant (Mr. Barney B. Brown, attorney).

Mr. Irvin M. Lichtenstein argued the cause for the plaintiff-respondent (Mr. Milton C. Nurock, attorney; Mr. S. Arthur Levy, of counsel).

Before Judges FREUND, PROCTOR and ROGERS.

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

The plaintiff, assignee of a contract for the sale of realty, recovered a judgment against the defendant assignor for $1,200, the consideration paid for the assignment, which amount the defendant had agreed to repay if the owners refused to sign a deed for the property.

The defendant was the vendee in a written contract for the sale of realty. Although title to the property was vested in a number of...

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