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MOORE v. SCHULTZ

22 N.J. Super. 24 (1952)

91 A.2d 514

BENJAMIN MOORE, PLAINTIFF-RESPONDENT, v. ERNEST SCHULTZ, LEONARD SCHULTZ, GLADYS GRUENLER, MARION SCHULTZ, CATHERINE SCHULTZ, INDIVIDUALLY AND AS ADMINISTRATRIX OF FRANK SCHULTZ, DECEASED, AND FRED SCHULTZ & SONS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 7, 1952.

Attorney(s) appearing for the Case

Mr. Seymour Smith argued the cause for appellants (Messrs. Hein & Smith, attorneys; Mr. Ira D. Dorian, on the brief).

Mr. Michael A. Dwyer argued the cause for respondent (Messrs. Doughty & Dwyer, attorneys).

Before Judges JAYNE, PROCTOR and SCHETTINO.

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

The defendants feel aggrieved by the entry on March 21, 1952, of a judgment of the Chancery Division of this court, 18 N.J.Super. 219, and by this appeal challenge its propriety. Those basic elements of the plaintiff's alleged cause of action which are of a purely legalistic nature were submitted to the court for a declaratory determination upon a stipulation of the...

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