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R. KREVOLIN & CO., INC., v. BROWN

20 N.J. Super. 85 (1952)

89 A.2d 255

R. KREVOLIN & CO., INC., PLAINTIFF-APPELLANT, v. FRANCIS J. BROWN AND DOROTHY J. BROWN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1952.

Attorney(s) appearing for the Case

Mr. Abraham Greenberg argued the cause for the plaintiff-appellant (Messrs. Shmerelson & Greenberg, attorneys).

Mr. Angelo A. De Persia argued the cause for the defendants-respondents.

Before Judges EASTWOOD, BIGELOW and FRANCIS.

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

The question raised by this appeal is whether the plaintiff substantially performed the contract entered into with the defendants. The Camden County District Court, sitting without a jury, decided, at the conclusion of the entire case, that the plaintiff had not performed the contract to the satisfaction of the defendants and, therefore, it was not entitled to payment and thereupon dismissed the action....

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